Ordered that the order is affirmed, with costs.
Upon his admission to the defendant hospital, a physical examination disclosed that the 79-year-old plaintiff Paul Halas was very weak and appeared chronically ill with a 105-degree fever. The complaint alleges that Mr. Halas was in his hospital bed with an intravenous tube in his arm when he fell to the floor and broke his hip. The side rails on his bed were in a down position at the time of the fall. The complaint...
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