It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this action to recover damages for the personal injuries and wrongful death of decedent, a former resident of defendant Odd Fellow & Rebekah Health Care Facility. The accident occurred during the reconstruction of that facility when decedent fell through a three-foot by five-foot hole in the floor of a first...
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