The court properly concluded that claimant has not proved by a fair preponderance of the evidence that defendant was negligent in failing to prevent claimant from jumping out of a third floor window at the Bronx Psychiatric Center ("Center"). Although an admissions update report prepared on the day of the incident described claimant as being "demanding", "restless" and "hostile and easily agitated", there was no indication that he was likely to harm himself or others; the...
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