INFURNA v. CITY OF NEW YORK


270 A.D.2d 24 (2000)

703 N.Y.S.2d 478

DOMINICK INFURNA, as Administrator of the Estate of JOHN CIARLETTA, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 2, 2000.


Plaintiff's complaint alleges that his decedent died from injuries sustained when he fell out of his bed because of defendant nursing home's negligent maintenance or use of the bed's guard rails. Plaintiff's proposed amendment would allege that his decedent died from physical abuse inflicted by one or more of defendant's employees, and assert causes of action for assault and negligent hiring and retention. The proposed causes of action were properly rejected as time-barred...

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