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S.K. v White Plains Hosp. Ctr

Motion to Dismiss Denied in Sexual Abuse Case; Defendants Could Not Establish Legal Basis

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The following e-filed documents, listed by NYSCEF document number (Motion 003) 31, 32, 33, 34, 35, 39, 40, 47, 48 were read on this motion to/for DISMISS. DECISION + ORDER ON MOTION Upon the foregoing documents, defendant White Plains Hospital s/h/a White Plains Hospital Center (WPH) moves to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211 (a)(7). Plaintiff commenced the instant action seeking to recover damages for personal injuries sustained as a result of alleged sexual abuse inflicted by “Father John Doe” in November of 1971 when plaintiff was a patient in WPH’s facility (WPH) (NYSCEF Doc No 1, complaint at 1). The complaint alleges that plaintiff, then 14 years old, sustained a back injury while playing football and was admitted to WPH’s facility for one week. During that time, Father John Doe visited plaintiff’s room “dressed in the clerical garb of a Roman Catholic priest, acting as a hospital approved chaplain” and sexually assaulted him (id. at

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