Diaz v. New York Downtown Hospital

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff was sexually assaulted by a male technician while undergoing a transvaginal sonogram at defendant New York Downtown Hospital. At the time of the incident, plaintiff and the technician were alone in the examination room. Plaintiff commenced this action against the hospital alleging that it negligently hired, trained, supervised and retained the sonography technician. The hospital moved for summary judgment dismissing the complaint, asserting that it had no prior knowledge of any…