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Tewksbury v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 376 (N.Y. App. Div. 2000)

Opinion

Submitted May 2, 2000.

June 19, 2000.

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.

William M. Brooks, Huntington, N.Y. (Meghan Sieber on the brief), for appellant.

Eliot Spitzer, Attorney-General, New York, N.Y. (Peter G. Crary and Gina M. Ciccone of counsel), for respondent.

Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

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 A.D.2d 540; Ferretti v. Town of Greenburgh, 191 A.D.2d 608). The evidence submitted by the defendant in support of its motion for summary judgment established that the decision to involuntarily commit the claimant was made in accordance with accepted medical practice and the requirements and procedures set forth in Mental Hygiene Law § 9.37. In opposition to the motion, the claimant failed to come forward with sufficient evidence to raise a triable issue of fact (see, Topel v. Long Is. Jewish Med. Ctr., 55 N.Y.2d 682; Holton v. Sprain Brook Manor Nursing Home, 253 A.D.2d 852; Mohan v. Westchester County Med. Ctr., 145 A.D.2d 474). Consequently, the court properly granted the defendant's motion.


Summaries of

Tewksbury v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 376 (N.Y. App. Div. 2000)
Case details for

Tewksbury v. State of New York

Case Details

Full title:LYNN TEWKSBURY, APPELLANT, v. STATE OF NEW YORK, RESPONDENT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 19, 2000

Citations

273 A.D.2d 376 (N.Y. App. Div. 2000)
710 N.Y.S.2d 909

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