Stephen R. PACCA, Plaintiff-Respondent,
v.
The CHURCH OF SCIENTOLOGY OF NEW YORK, INC., et al., Defendants-Appellants.
Supreme Court, Appellate Division,
First Department.
Nov. 22, 1983.
Appeal was taken from order entered by the Supreme Court, New York County,
John Bradley, J., which denied motion for summary judgment dismissing causes of
action against certain defendants for unauthorized medical treatment. The
Supreme Court, Appellate Division, held that no justiciable cause of action was
taken against certain defendants for unauthorized medical treatment which
plaintiff received at offices of another defendant corporation where there was
no indication that these defendants had any connection to, or involvement in,
the purported conduct which formed basis of plaintiff's complaint and these
defendants were legal entities separate and apart from each other, as well as
from that of the corporate defendant and were, moreover, located in different
and distinct buildings.
Modified and affirmed.
PHYSICIANS AND SURGEONS
No justiciable cause of action was stated against certain defendants for
unauthorized medical treatment which plaintiff received at offices of another
defendant where there was no indication whatever that defendants had any
connection to, or involvement in, purported conduct which formed basis of
complaint and these defendants were legal entities separate and apart from each
other, as well as from that of defendant corporation at which treatment was
received and were, moreover, located in different and distinct buildings.
**638 G.J. Karlick, Brooklyn, for plaintiff-respondent.
S.M. Katz and J.B. Reich, New York City, for defendants-appellants.
Before SULLIVAN, J.P., and ROSS, FEIN, MILONAS and ALEXANDER, JJ.
MEMORANDUM DECISION.
Order of the Supreme Court, New York County, entered on January 17, 1983,
which, inter alia, denied the motions for summary judgment dismissing the
first, second and sixth causes of action by defendants Church of Scientology of
New York, Inc., Scientology Center, Inc., The Church of Scientology, Mission of
East Manhattan, Celebrity Center, Inc., and Helen Geltman and denied the cross-
motion by defendant Daniel Kuhn for partial summary judgment and for a
severance, is unanimously modified on the law and the facts to the extent of
granting the motion by defendants Church of Scientology of New York, Inc. and
The Church of Scientology, Mission of East Manhattan, Celebrity Center, Inc.
for summary judgment dismissing the first, second and sixth causes of action as
to them, and otherwise affirmed, without costs or disbursements.
**639 Plaintiff alleged that the unauthorized medical treatment which he
received occurred at *734 the offices of the Scientology Center, Inc. There
is no indication whatever that defendants The Church of Scientology of New
York, Inc. and The Church of Scientology, Mission of East Manhattan, Celebrity
Center, Inc. had any connection to, or involvement in, the purported conduct
which forms the basis of plaintiff's complaint. These defendants were legal
entities separate and apart from each other, as well as from that of the
Scientology Center, Inc., and were, moreover, located in different and distinct
buildings. Consequently, Special Term should have granted the motions by The
Church of Scientology of New York, Inc., and The Church of Scientology of East
Manhattan, Celebrity Center, Inc., for summary judgment dismissing the first,
second and sixth causes of action as to them.