Legal Opinion

Tewksbury v. State

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

Decided June 19, 2000PublishedCited by 8 opinions

1Opinion of the Court

In a claim to recover damages for false imprisonment, medical malpractice, and civil rights violations, the claimant appeals from an order of the Court of Claims (Silverman, J.), entered June 2, 1999, which granted the defendant’s motion for summary judgment dismissing the claim.

Ordered that the order is affirmed, with costs.

This claim arises out of the claimant’s involuntary commitment for ten days pursuant to Mental Hygiene Law § 9.37. Commitment pursuant to Mental Hygiene Law article 9 is deemed privileged in the absence of medical malpractice (see, Matter of E. K. v State of New York, 235…

2Cases cited5 opinions

  1. Topel v. Long Island Jewish Medical CenterNew York Court of Appeals · 1981
  2. Ferretti v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 1993
  3. E. K. v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  4. Holton v. Sprain Brook Manor Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1998
  5. Mohan v. Westchester County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by8 opinions

  1. Tewksbury v. DowlingDistrict Court, E.D. New York · 2001
  2. Lingfei Sun v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  3. Morgan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  4. Willoughby v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2009
  5. Ferris v. MillmanNew York Supreme Court · 2007

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