Mantis v. United Cerebral Palsy Ass'n of Nassau County, Inc

In Mantis v. United Cerebral Palsy Ass'n of Nassau County, Inc., 173 Misc 2d 778 (Sup. Ct. Nassau Co. 1997) plaintiff-daughter--described as a competent, twenty-five-year-old quadriplegic woman with cerebral palsy--complained of physical abuse by her mother to staff at the adult day treatment program that she attended at United Cerebral Palsy Association ("UCP"). As a result of the complaint, UCP arranged for plaintiff-daughter to obtain overnight accommodation. Plaintiff-mother commenced an action, in which she also named her daughter as a plaintiff, alleging causes of action for, inter alia, intentional infliction of emotional distress, defamation and false imprisonment. UCP moved for partial summary judgment, based on Social Services Law 473-b. The court granted UCP's motion, finding that "UCP has amply demonstrated its good faith in reporting allegations of abuse" (which was based, in part, on a videotape in which the daughter admitted the abuse and admitted being pressured by her mother to recant the allegations), while plaintiffs "have submitted no evidence, in admissible form, establishing a triable issue of fact with regard to any bad faith by UCP." (Mantis, supra, 173 Misc 2d at 781.)