FRANKLIN v. ALLEN HEALTH CARE SERVICES


45 A.D.3d 637 (2007)

844 N.Y.S.2d 888

ILONA FRANKLIN, Respondent, v. ALLEN HEALTH CARE SERVICES et al., Appellants.

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

Decided November 13, 2007.


Ordered that the appeal is dismissed, with costs.

The order appealed from, inter alia, determined that there was an issue of fact as to whether the defendants' negligence was the proximate cause of the decedent's fall. The defendants, as limited by their brief, request, in effect, that this Court search the record and award summary judgment dismissing the complaint on the ground that proximate cause cannot be established...

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