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RODRIGUEZ v. TERENCE CARDINAL COOKE HEALTH CARE CENTER

4 A.D.3d 147 (2004)

771 N.Y.S.2d 516

CARLOS RODRIGUEZ et al., Individually and as Administrators of the Estate of ALBERT FELICIANO, Deceased, Appellants, v. TERENCE CARDINAL COOKE HEALTH CARE CENTER, Respondent.

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

February 10, 2004.

Plaintiffs' claim of negligent supervision was properly dismissed for lack of evidence that defendant had notice of the decedent's assailant's violent tendencies (see Mirand v City of New York, 84 N.Y.2d 44, 49-50 [1994]) or deviated from a relevant industry standard of supervision (see Diaz v New York Downtown Hosp., 99 N.Y.2d 542 [2002]). Plaintiffs...

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