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McKOY v. COUNTY OF WESTCHESTER

272 A.D.2d 307 (2000)

707 N.Y.S.2d 203

NETTIE McKOY et al., Appellants, v. COUNTY OF WESTCHESTER et al., Respondents.

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

Decided May 1, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

On October 2, 1997, the plaintiff Nettie McKoy was injured when she fell from a chair during a seizure at Westchester County Medical Center while being monitored for a seizure disorder. She remained under the care of the Westchester County Medical Center until October 6, 1997. On January 2, 1998, she filed a notice of claim alleging, inter alia,

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