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TOBER v. MOUNT SINAI HOSP.

149 A.D.2d 692 (1989)

Jean Tober, Individually and as Executrix of Arthur Tober, Deceased, Respondent, v. Mount Sinai Hospital, Appellant

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

April 24, 1989

Ordered that the interlocutory judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and the complaint is dismissed.

In October 1983 the 61-year-old decedent, while a patient at the defendant Mount Sinai Hospital, to which he was admitted for chemotherapy treatment for thyroid cancer, was found on his knees alongside his bed. At the time of the incident, he explained to the attending...

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