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CHILES v. D & J SERVICE, INC.

34 A.D.3d 319 (2006)

825 N.Y.S.2d 21

CYNTHIA CHILES, as Administratrix of the Estate of CARLTON SIMPSON, Deceased, Appellant, v. D & J SERVICE, INC., et al., Defendants, and MORNINGSIDE HOUSE NURSING HOME COMPANY, INC., et al., Respondents.

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

Decided November 16, 2006.

Plaintiff's decedent suffered from Alzheimer's disease and was a patient at Morningside's adult day care facility. Morningside's patients were transported to and from their homes by D & J Service, Inc. (DJS) pursuant to a contract between Morningside and DJS. Although the contract specifically provided that DJS's drivers should never leave Morningside's patients unattended, on the day of the incident, DJS's driver escorted another patient to her residence and left plaintiff...

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