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HABER v. CROSS COUNTY HOSP.

37 N.Y.2d 888 (1975)

Sol Haber et al., Appellants, v. Cross County Hospital, Respondent.

Court of Appeals of the State of New York.

Decided October 28, 1975.

Attorney(s) appearing for the Case

Daniel J. Friedman for appellants.

William Glatzer for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The general rule that a hospital is not liable in negligence for the failure to erect bed rails, absent professional medical direction (Grace v Manhattan Eye, Ear & Throat Hosp., 301 N.Y. 660; Mossman v Albany Med. Center Hosp., 34 A.D.2d 263), does not apply where the hospital establishes a rule that bed rails were to be set...

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