NELSON v. NEW YORK CITY HEALTH & HOSPS. CORP.


237 A.D.2d 189 (1997)

654 N.Y.S.2d 378

Annie Nelson, as Administratrix of The Estate of Jessie Sledge, Deceased, Respondent, v. New York City Health and Hospitals Corporation, Appellant

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

March 20, 1997


Although the record is not dispositive of the extent of the decedent's dementia, there was sufficient evidence of some dementia to have placed defendant hospital on constructive notice that the decedent's continued possession and use of a cigarette lighter to light her cigarettes posed a potential danger to herself and others. Although the fact of some dementia would not by itself impose a duty on the hospital to confiscate the lighter (compare, Gunnarson v State...

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