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MATTER OF ST. JOHN'S QUEENS HOSP. v. AXELROD

137 A.D.2d 605 (1988)

In the Matter of St. John's Queens Hospital, Petitioner, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents

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

February 8, 1988

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

On December 28, 1984, Anna Katz was brought to the petitioner hospital by her daughter. She had fallen approximately 14 to 16 hours earlier and had lain on the floor, unable to move until her daughter found her. She arrived at the hospital at about 12:10 P.M. and subsequently died as the result of a fracture of the cervical spine (broken neck) at 11:41 P.M. that...

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