Braun v. St. Vincent's Hospital and Medical Center

Full title: SARA BRAUN et al., Appellants, v. ST. VINCENT'S HOSPITAL AND MEDICAL…

Court: Court of Appeals of the State of New York

Date published: Oct 19, 1982

57 N.Y.2d 909 (N.Y. 1982)

456 N.Y.S.2d 763

442 N.E.2d 1274

Opinion

Decided October 19, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, IRVING S. ARONIN, J.

Bert Bauman for appellants.

Deborah F. Peters for respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and the case remitted to the Appellate Division, Second Department, for further proceedings. On this record, there is no basis for setting aside, as a matter of law, the determination of Special Term that this doorman came within the contemplation of CPLR 308 (subd 2) ( duPont, Glore Forgan Co. v Chen, 41 N.Y.2d 794, 797).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.