2019 N.Y. Slip Op. 04158 (May 2019)
(sexual assault perpetrated by an employee is per se not in furtherance of the employer’s business and is therefore outside the scope of employment)
Samantha E. Quinn
Samantha Quinn obtains reversal and dismissal in Second Department (May 2019)
Congratulations to Samantha Quinn for her most recent win in the Second Department! The May 29, 2019 decision reversed the court below and dismissed the case against St. John’s Episcopal Hospital holding that sexual assault perpetrated by an employee is per se not in furtherance of the employer’s business and is therefore outside the scope of employment.
Brown v. Montefiore Medical Center
168 AD3d 488 (1st Dept. 2019)
(Summary judgment affirmed as to liability on employment law claims)
Samantha E. Quinn
Bello v. New York City Health and Hospitals Corporation
Supreme Court, Bronx; Index No: 306687/10 & 43061/17 (2018)
(denial of third party defendant’s motion to sever and/or dismiss third party action)
Samantha E. Quinn
Ogarro v. St. Luke’s Roosevelt Hospital Center
N.Y.S. 3d, 2018 N.Y. Slip Op. 01170 (1st Dept. 2018)
(Summary judgment affirmed where no proximate cause proven; unsupported hindsight reasoning insufficient to create issue of fact)
Samantha E. Quinn
Mederos v. New York City Health and Hospitals Corporation
154 AD3d 597 (1st Dept. 2017)
(CPLR 208 toll did not terminate with appointment of article 81 guardian)
Samantha E. Quinn
Kitenberg v. Gulmatico
143 A.D.3d 947 (2nd Dept. 2016)
(trial court properly set aside plaintiff’s verdict on grounds of substantial juror confusion)
Samantha E. Quinn
Douayi v. Carissimi
138 A.D. 3d 410 (1st Dept. 2016)
(affirmed finding of causation based upon hindsight reasoning)
Samantha E. Quinn
Paradiso v. St.John’s
134 A.D.3d 10 (2nd Dept 2015)
(CPLR 3403 inapplicable prior to note of issue despite repeated dilatory conduct of plaintiff)
Samantha E. Quinn
Guctas v. Pessolano
132 A.D.3d 632 (2nd Dept. 2015)
(affirmed lower court decision dismissing action against second year resident based on her participation in procedure)
Samantha E. Quinn
