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GIANDANA v. PROVIDENCE HOME

32 A.D.3d 126 (2006)

815 N.Y.S.2d 526

NANCY GIANDANA, Individually and as Administratrix of the Estate of ANNA E. DEMUTH, Deceased, Respondent, v. PROVIDENCE REST NURSING HOME et al., Defendants. PROVIDENCE REST NURSING HOME, Third-Party Plaintiff, v. RAMAR SERVICES, INC. Third-Party Defendant, and BECKY AKOSAH, Third-Party Defendant-Appellant.

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

May 30, 2006.

Attorney(s) appearing for the Case

Fiedelman & McGaw, Jericho (James K. O'Sullivan of counsel), and Law Offices of Alan I. Lamer, Elmsford, for appellant.

Marshall E. Bloomfield, Bronx (Michael P. Bloomfield of counsel), for respondent.

TOM, J.P. and CATTERSON, J., concur with MAZZARELLI, J.; FRIEDMAN and McGUIRE, JJ., dissent in a separate opinion by McGUIRE, J.

OPINION OF THE COURT

MAZZARELLI, J.

Anna E. Demuth, 91 years old at the time and now deceased, was a patient at the Providence Rest Nursing Home. At some time between 11:00 P.M. on Monday, October 25 and 7:00 A.M. on Tuesday, October 26, 1999, she sustained a fractured femur and multiple bruises to her extremities. These injuries allegedly occurred either while she was being transferred from her bed to a wheelchair, or from the wheelchair to the shower....

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