ELLIOTT v. TEMPKIN


32 A.D.2d 531 (1969)

Louise Elliott, as Administratrix of The Estate of Tucker Hamlin, Deceased, Respondent, v. Meyer Tempkin et al., Doing Business as Park Nursing Home, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 7, 1969


Judgment reversed, on the law and the facts, and new trial granted in the interests of justice, with costs to abide the event.

In our opinion, a new trial is warranted to develop further the question of how much time elapsed between the time when defendants' nurse's aid placed plaintiff's intestate in restraint on the commode and the time the fire began. On that subject the present proof included merely the deposition of the nurse's aid who stated only that he did...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases