Legal Opinion

Tienken v. Benedictine Hospital

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

Decided October 31, 2013Published

1Opinion of the CourtRose, J.

Appeal from an amended order of the Supreme Court (Melkonian, J.), entered September 23, 2011 in Ulster County, which, among other things, granted defendants’ motions for summary judgment dismissing the complaint.

Fursuant to Mental Hygiene Law article 9, plaintiff was involuntarily committed to a mental health unit operated by defendant Benedictine Hospital based upon, among other things, information from her brother, defendant Todd Tienken. He reported that she had made bizarre claims and threats against family members and others, she was mentally ill and in need of treatment, she had…

2Cases cited16 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Howell v. New York Post Co.New York Court of Appeals · 1993
  3. Horth v. MansurAppellate Division of the Supreme Court of the State of New York · 1997
  4. Higgins v. City of OneontaAppellate Division of the Supreme Court of the State of New York · 1994
  5. Capellupo v. Nassau Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2012

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