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Judith M. v. Sisters of Charity Hospital
Citations: 249 A.D.2d 890; 671 N.Y.S.2d 400; 1998 N.Y. App. Div. LEXIS 4961
Court: Appellate Division of the Supreme Court of the State of New York; April 29, 1998; New York; State Appellate Court
Judgment and order affirmed without costs. The Supreme Court, under Justice Howe, upheld the decision, stating that the Sisters of Charity Hospital successfully demonstrated that its employee, Daryl Ziccarelli, had no prior history or propensity for sexual misconduct. The plaintiff's argument regarding the Hospital's negligent hiring, supervision, or retention was deemed insufficient as it relied on mere suspicion rather than substantive evidence. The court emphasized that suspicion, surmise, and accusations do not constitute a valid basis to challenge a summary judgment. A dissent was noted from Justices Lawton and Balio, who voted to reverse the decision.