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SCHWARTZ v. MONTEFIORE HOSPITAL AND MEDICAL CENTER

305 A.D.2d 174 (2003)

761 N.Y.S.2d 5

BEVERLY SCHWARTZ, as Administratrix of the Estate of RUTH SCHWARTZ, Deceased, Appellant, v. MONTEFIORE HOSPITAL AND MEDICAL CENTER, Respondent.

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

Decided May 8, 2003.

Ruth Schwartz commenced this action on or about November 30, 1989, claiming that while a patient at defendant hospital, at the age of 87 and suffering from dementia, she fell out of bed on May 11, 1987 and July 15, 1987, because she was not properly monitored or restrained as directed by her physician, and that she suffered serious injuries as a result.

On May 17, 1994, Ruth Schwartz died at the age of 94. Letters of administration...

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