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DE BOER v. LLOYD'S SHOPPING CTR., INC.

115 A.D.2d 633 (1985)

Frank De Boer, Individually and as Administrator of The Estate of Cornelius De Boer, Deceased, et al., Respondents, v. Lloyd's Shopping Center, Inc., Appellant

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

December 23, 1985

Order reversed, on the law, with costs, motion granted, and complaint dismissed.

This action, inter alia, to recover damages for wrongful death is predicated on decedent's fall on defendant's premises. However, decedent's medical records, prepared subsequently to his fall, reveal that the fall caused him relatively minor and insignificant injuries and that this 80-year-old decedent had a preexisting medical history of pulmonary edema and

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