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BEGANDY v. RICHARDSON

134 Misc.2d 357 (1987)

Stephen P. Begandy, Jr., as Conservator of Anna B. Begandy, Plaintiff, v. Eleanor Richardson et al., Individually and Doing Business as Latta Road Nursing Home, Defendants.

Supreme Court, Monroe County.

January 8, 1987

Attorney(s) appearing for the Case

Faraci, Guadagnino, Lange & Johns (Stephen G. Schwarz of counsel), for plaintiff. Osborn, Reed, Van de Vate & Burke (Jeffrey M. Wilkens of counsel), for defendants.

DAVID O. BOEHM, J.

On November 14, 1985, plaintiff commenced this negligence action to recover for injuries sustained on March 21, 1985 while a patient at the defendant Latta Road Nursing Home. The complaint alleges that while unattended, plaintiff wandered down the hallway leading to the cellar stairway, opened the cellar door and fell down the stairs. Plaintiff now moves pursuant to CPLR 3025 (b) for leave...

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