Appellate Division of the Supreme Court of the State of New York August 15, 2002 (Mattaldi v. Beth Israel Medical Center)

It is undisputed that, at the time of the attack on plaintiff, she was an employee of defendant hospital. In denying defendants’ motion for summary judgment dismissing the complaint, the motion court found that this action is not barred by the Workers’ Compensation Law because plaintiff was not in the course of her employment when she was attacked.