Legal Opinion
Kladstrup v. Westfall Health Care Center, Inc.
New York Supreme Court
Decided October 1, 1999PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Francis A. Affronti, J.
Defendant, Westfall Health Care Center, Inc. (Westfall), moves for summary judgment dismissing plaintiffs complaint which alleges that on September 12, 1995, while a patient at Westfall, she was subjected to nonconsensual sexual contact by defendant John Horace (Horace), a nurse’s aide, employed by Westfall. The complaint sets forth causes of action against Westfall for negligent hiring and supervision of Horace as well as a claim that it was reckless in its employment and retention of him. The fourth and final cause of action pleaded against…
2Cases cited23 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Kenneth R. v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1997
- Ayotte v. GervasioNew York Court of Appeals · 1993
- Judith M. v. Sisters of Charity HospitalNew York Court of Appeals · 1999
- Adams v. New York City Transit AuthorityNew York Court of Appeals · 1996
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3Cited by2 opinions
- Doe v. Westfall Health Care Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Diaz v. New York Downtown HospitalAppellate Division of the Supreme Court of the State of New York · 2001