| Kowalski v St. Francis Hosp. & Health Ctrs. |
| 2012 NY Slip Op 03412 [95 AD3d 834] |
| May 1, 2012 |
| Appellate Division, Second Department |
| Kevin Kowalski, Respondent, v St. Francis Hospital andHealth Centers et al., Appellants, et al., Defendants. |
—[*1] Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York, N.Y. (Richard E. Lerner andJudy C. Selmeci of counsel), for appellant Chandra Chintapalli. Phelan, Phelan & Danek, LLP, Albany, N.Y. (Timothy S. Brennan of counsel), for appellantEmergency Physician Services of New York, P.C. Bleakley Platt & Schmidt, LLP, White Plains, N.Y. (John P. Hannigan, Vincent W. Crowe,and Susan E. Galv o of counsel), for respondent.
In an action to recover damages for medical malpractice, etc., the defendant St. FrancisHospital and Health Centers appeals, and the defendant Emergency Physician Services of NewYork, P.C., separately appeals, as limited by their respective briefs, from so much of an order ofthe Supreme Court, Dutchess County (Sproat, J.), entered June 1, 2011, as denied their respectivemotions for summary judgment dismissing the complaint insofar as asserted against them, andthe defendant Chandra Chintapalli appeals, as limited by his brief, from so much of the sameorder as denied that branch of his motion which was for summary judgment dismissing thecomplaint insofar as asserted against him.
Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costspayable to the appellants, the motions of the defendants St. Francis Hospital and Health Centersand Emergency Physician Services of New York, P.C., for summary judgment dismissing thecomplaint insofar as asserted against them are granted, and that branch of the motion of thedefendant Chandra Chintapalli which was for summary judgment dismissing the complaintinsofar as asserted against him is granted.
On December 20, 2006, at approximately 11:20 a.m., the plaintiff, while intoxicated from theconsumption of alcohol, voluntarily came to the defendant St. Francis Hospital and HealthCenters (hereinafter St. Francis) seeking entry into a detoxification program. However, severalhours later, the plaintiff left the hospital before he was formally discharged. At about 5:30 p.m.,the plaintiff was struck by a vehicle while trying to cross Route 9, near its intersection withMarist Drive in Poughkeepsie. The plaintiff commenced this action against, among others, hisexamining physician Chandra Chintapalli, St. Francis, and Emergency Physician Services ofNew York, P.C. (hereinafter EPS), alleging that they were negligent in not detaining himinvoluntarily.
A person who is brought voluntarily to a medical facility for treatment of alcoholism cannotbe involuntarily confined solely for that treatment (see Mental Hygiene Law §22.09 [d]; Lawlor v Lenox HillHosp., 74 AD3d 695, 696 [2010]; Mottau v State of New York, 174 Misc 2d884, 888 [1997]; Matter of Michael S., 166 Misc 2d 875, 878 [1995]). Here, thedefendants Chintapalli, St. Francis, and EPS established, prima facie, via their respective motionsfor summary judgment, that they lacked authority to confine the plaintiff upon his departure fromSt. Francis, where he voluntarily sought treatment. In opposition, the plaintiff failed to raise atriable issue of fact. Accordingly, the Supreme Court should have granted the respective motionsof St. Francis and EPS for summary judgment dismissing the complaint insofar as assertedagainst them, and that branch of Chintapalli's motion which was for summary judgmentdismissing the complaint insofar as asserted against him (see Zuckerman v City of NewYork, 49 NY2d 557, 562-563 [1980]).
The parties' remaining contentions either are without merit or have been rendered academicin light of our determination. Rivera, J.P., Chambers, Austin and Roman, JJ., concur.