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ZALKO v. SUNRISE ADULT HEALTH CARE CENTER

7 A.D.3d 616 (2004)

776 N.Y.S.2d 594

RAKHIL ZALKO ET AL., Respondents, v. SUNRISE ADULT HEALTH CARE CENTER, Appellant.

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

May 10, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Rakhil Zalko (hereinafter Zalko) was injured when she fell while attempting to get up from a plastic patio chair on the premises of the defendant, Sunrise Adult Health Care Center. As she rose from her chair and took a step, the chair moved backwards behind her, and she fell. The plaintiffs thereafter...

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