WALSH v. LO PICCOLO


127 Misc.2d 304 (1985)

William Walsh, Plaintiff, v. Joseph Lo Piccolo, Individually and Doing Business as Casa Serena, Defendant.

Supreme Court, Trial Term, Queens County.

February 14, 1985


Attorney(s) appearing for the Case

Gordon & Silber, P. C., for defendant. Fuchsberg & Fuchsberg for plaintiff.


FRED T. SANTUCCI, J.

In this action to recover for injuries suffered by the plaintiff when the bed he was sleeping in at a health-related facility collapsed, the defendant moves to set the matter down for a hearing before a medical malpractice panel. The plaintiff opposes the motion arguing that the matter is merely a negligence case founded upon the failure of the defendant to provide safe and adequate equipment, including proper hospital beds.

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