ESTATE OF SCHEUER v. CITY OF NEW YORK


10 A.D.3d 272 (2004)

780 N.Y.S.2d 597

ESTATE OF CLARA SCHEUER, Deceased, et al., Respondents-Appellants v. CITY OF NEW YORK et al., Appellants-Respondents, and PARKCHESTER SOUTH CONDOMINIUMS, INC., et al., Respondents. ESTATE OF CLARA SCHEUER, Deceased, et al., Appellants-Respondents, v. CITY OF NEW YORK et al., Respondents-Appellants.

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

Decided August 5, 2004.


Plaintiffs maintain that their 91-year-old decedent wandered from her apartment after her home health care aide left for the evening, and that it was not until almost three weeks later, after an unsuccessful search by the NYPD of the decedent's apartment complex, that the decedent was found by a Management employee in an unlocked, vacant apartment two floors directly below her apartment. An autopsy determined that a heart attack was the cause of death.

The motion...

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