McCreary v. St. Luke's-Roosevelt Hospital Center

Order, Supreme Court, New York County (Marcy S. Fried*500man, J.), entered October 26, 2009, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff, while a voluntary inpatient of defendant hospital’s detoxification unit, was injured in a physical altercation allegedly instigated by another patient. On this record, the hospital was entitled to summary judgment dismissing plaintiff’s complaint alleging negligent supervision of…