ALLSTADT v. LONG ISLAND HOME, LTD.


210 A.D.2d 365 (1994)

620 N.Y.S.2d 425

Cliff Allstadt, Appellant, v. Long Island Home, Ltd., et al., Respondents

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

December 19, 1994


Ordered that the order is reversed, on the law, with one bill of costs, and the defendants' motions for summary judgment are denied.

While the plaintiff was a patient at the defendant hospital, he was injured on the hospital grounds when a split rail fence that he was leaning on broke and he fell to the ground. The plaintiff commenced this action against the hospital and the company that constructed and installed the fence. After discovery, the court granted the defendants...

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