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TILLMAN v. WOMEN'S CHRISTIAN ASSOCIATION HOSPITAL

272 A.D.2d 979 (2000)

708 N.Y.S.2d 665

MERRITT J. TILLMAN, as Executor of ROZELLA THOMAS, Deceased, Respondent, v. WOMEN'S CHRISTIAN ASSOCIATION HOSPITAL, Appellant.

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

Decided May 10, 2000.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted plaintiff's motion to file and serve a second amended complaint and denied defendant's cross motion seeking dismissal of the action with prejudice. Plaintiff commenced this action in August 1996 as executor of decedent's estate seeking damages for injuries sustained by decedent when she fell out of a wheelchair in May 1995 at defendant's premises. The court

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