Ordered that the judgment is affirmed, with costs.
On October 31, 1988, the plaintiff Genevieve Futterman was recovering from a total knee replacement operation and had an immobilizer on her leg extending from her ankle to her thigh. Her doctor placed her on strict orders not to leave her bed, unless assisted by a nurse. She contends that, on that day, she called out loud and rang for a nurse to assist her in going to the bathroom. Since no nurses responded, she arose...
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