RODRIGUEZ v. 1201 REALTY LLC


10 A.D.3d 253 (2004)

781 N.Y.S.2d 328

MICHAEL RODRIGUEZ et al., Appellants, v. 1201 REALTY LLC et al., Respondents.

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

Decided August 5, 2004.


The 15-month-old infant plaintiff was brought to a hospital emergency room and, while waiting for treatment, stood next to his mother in the crowded waiting area. At the same time, a five-year-old child and his siblings were running around while their mother was with another sibling receiving treatment. The five year old suddenly pushed the infant plaintiff, who fell and fractured his elbow. The primary issue on appeal is whether the hospital can be held liable to the infant...

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