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LORBER v. PROSPECT PARK NURSING HOME, INC.

289 A.D.2d 303 (2001)

734 N.Y.S.2d 865

AGNES LORBER, Individually and as Administrator of the Estate of JACOB LORBER, Deceased, Appellant, v. PROSPECT PARK NURSING HOME, INC., Respondent.

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

Decided December 10, 2001.

Ordered that the order is affirmed, with costs.

Jacob Lorber was found in his bed in the defendant's nursing home facility, with edema and redness of his left foot and ankle which was painful to the touch. Subsequent X-rays revealed that Lorber had a fractured left fibula and tibia. Lorber was unable, due to his medical infirmities, to explain what may have caused the fracture, and there were no witnesses to any event which may have caused the injuries. Additionally...

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