Petty v North Gen. Hosp.
2003 NY Slip Op 18907 [1 AD3d 288]
November 25, 2003
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 28, 2004


Luther Petty, Appellant,
v
North General Hospital, Defendant, and Burns International Security Services, Respondent.

— Order, Supreme Court, New York County (Barbara Kapnick, J.), entered December 3, 2002, which, insofar as appealed from, granted defendant-respondent security company's motion for partial summary judgment dismissing the first cause of action for false imprisonment, unanimously affirmed, without costs.

Plaintiff, who was among several individuals asked by a security guard to submit to a strip search before receiving treatment at defendant hospital, failed to establish the guard's intention to confine him, an essential element of the tort of false imprisonment (Broughton v State of New York, 37 NY2d 451, 456 [1975], cert denied sub nom. Schanbarger v Kellogg, 423 US 929 [1975]). The fact that plaintiff was a vulnerable consumer in need of hospital services may have created a coercive situation in his mind, but he does not allege, nor is there any evidence, that he was prevented from leaving the premises (see Arrington v Liz Claiborne, Inc., 260 AD2d 267 [1999]). Concur—Mazzarelli, J.P., Saxe, Williams, Lerner and Marlow, JJ.