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KNOX v. FOSTINI

305 A.D.2d 467 (2003)

760 N.Y.S.2d 508

EILEEN KNOX et al., Appellants, v. MARSHA FOSTINI, Respondent.

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

Decided May 12, 2003.

Ordered that the order is affirmed, with costs.

The injured plaintiff, Eileen Knox, a visiting nurse, injured her shoulder while repositioning a bedridden patient. The bed was supported by telephone books of similar size under each leg. The plaintiffs sued Marsha Fostini, the patient's daughter, claiming that she created a dangerous condition. The defendant moved for summary judgment asserting, inter alia, that there is no evidence that the books were a substantial...

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