Legal Opinion

Haymes v. Brookdale Hospital Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided October 9, 2001Published

1Opinion of the Court

—In an action, inter alia, to recover damages for assault and battery, the plaintiffs appeal from an order of the Supreme Court, Kings County (Bellard, J.), dated May 23, 2000, which granted the defendant’s motion to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

On October 14, 1993, the plaintiff Ellen Haymes attempted to take her own life by putting a handgun to her head and pulling the trigger. The plaintiff Adine Hamlin, Haymes’ sister, called the 911 emergency telephone number. An emergency medical crew responded, undertook to…

2Cases cited2 opinions

  1. In re Westchester County Medical CenterNew York Court of Appeals · 1988
  2. Grace Plaza of Great Neck, Inc. v. ElbaumNew York Court of Appeals · 1993

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