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Padro v. Visiting Nurses Service

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 2000
276 A.D.2d 352 (N.Y. App. Div. 2000)

Opinion

October 17, 2000.

Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered October 18, 1999, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3211(a)(7), unanimously affirmed, without costs.

Elliot H. Taub, for plaintiff-appellant.

James J. Noonan, for defendants-respondents.

Before: Nardelli, J.P., Ellerin, Wallach, Andrias, Saxe, JJ.


Plaintiff alleges that, while employed by defendants, he was assigned to care for a patient who had him arrested upon a false accusation. These allegations state no cognizable claim against defendants since the complained of acts are properly attributable solely to the patient and not to any act or omission by defendants (see, Ventricelli v. Kinney Sys. Rent A Car, 45 N.Y.2d 950). Moreover, under the circumstances presented, plaintiff's exclusive remedy for any harm sustained by him as a consequence of the alleged incident, which, as noted, occurred in the course of his employment, is through Workers' Compensation.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Padro v. Visiting Nurses Service

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 2000
276 A.D.2d 352 (N.Y. App. Div. 2000)
Case details for

Padro v. Visiting Nurses Service

Case Details

Full title:JOSE PADRO, PLAINTIFF-APPELLANT, v. VISITING NURSES SERVICE OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 17, 2000

Citations

276 A.D.2d 352 (N.Y. App. Div. 2000)
714 N.Y.S.2d 438