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WALKER v. EHCCI HOME CARE SERVS., INC.

211 A.D.2d 402 (1995)

621 N.Y.S.2d 301

Gill Walker, by Her Mother and Guardian, Minnie Jackson, Respondent, v. Ehcci Home Care Services, Inc., et al., Appellants

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

January 3, 1995

"Unlike foreseeability and causation, which are factual issues to be determined by the jury, it is for the court to determine whether one member of society owes a duty to another." (Bodaness v Staten Is. Aid, 170 A.D.2d 637, 638.) Although defendants assert that their only obligations to plaintiff were "cooking, cleaning and other household tasks", it is not disputed that defendant home...

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