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PALKA v. SERVICEMASTER MGT.

83 N.Y.2d 579 (1994)

634 N.E.2d 189

611 N.Y.S.2d 817

Linda C. Palka, Appellant, v. Servicemaster Management Services Corporation, Respondent.

Court of Appeals of the State of New York.

Decided May 5, 1994.

Attorney(s) appearing for the Case

De Lorenzo, Gordon, Pasquariello, Weiskopf & Harding, P. C., Schenectady (Susan E. Beaudoin and Thomas E. De Lorenzo of counsel), for appellant.

Hinshaw & Culbertson (Carlton D. Fisher and Stephen R. Swofford of counsel, of the Illinois Bar, admitted pro hac vice), and Donahue, Sabo, Varley & Armstrong, P. C., Albany (Fred J. Hutchison of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, SMITH and CIPARICK concur; Judges TITONE and LEVINE taking no part.

BELLACOSA, J.

Plaintiff-appellant Palka, a registered nurse employed by Ellis Hospital in the City of Schenectady, was injured in 1987 while performing her nursing duties. An oscillating wallmounted fan fell on her from its wooden mount as she attended to a patient. The nurse's negligence action against defendant Servicemaster Management Services Corporation derives from that company's contractual obligations...

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