RUDNER v. NEW YORK PRESBYTERIAN HOSPITAL


42 A.D.3d 357 (2007)

840 N.Y.S.2d 319

GLEN RUDNER, Appellant, v. NEW YORK PRESBYTERIAN HOSPITAL, Respondent.

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

Decided July 19, 2007.


Although plaintiff's decedent alleged in her bill of particulars that she fell in the doorway at the main entrance to defendant's premises because of a rise in the door's saddle, her deposition testimony that she did not know what caused her to fall as she passed through the doorway and that she just assumed it was something that caught the front of her shoe, prima facie establishes defendant's entitlement to judgment as a matter of law (see Fishman v Westminster House...

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