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WICKHAM v. MARGARETVILLE MEM'L HOSP.

43 A.D.2d 764 (1973)

Eugene Wickham, Jr., as Administrator of The Estate of Mary Wickham, Deceased, Respondent, v. Margaretville Memorial Hospital et al., Appellants

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

December 13, 1973

The instant litigation is a wrongful death action which arose as a result of injuries sustained by the decedent when she fell from her bed in the defendant hospital, allegedly due to the defendants' negligent failure to provide a railing or other protective device on her bed. Special Term denied summary judgment on the ground that triable issues of fact exist and we agree. Mossman v. Albany Med. Center Hosp. (34 A.D.2d 263) does...

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