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SICILIANO v. MIDDLETOWN PARK MANOR HEALTH FACILITY, LLC

37 A.D.3d 816 (2007)

830 N.Y.S.2d 777

SERAFINA SICILIANO, Respondent, v. MIDDLETOWN PARK MANOR HEALTH FACILITY, LLC, et al., Appellants.

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

Decided February 27, 2007.

Ordered that the order is affirmed, with costs.

In the course of her employment as a phlebotomist, the plaintiff was required to draw blood from an elderly patient at the defendants' facility. According to the plaintiff, the patient was lying on a mattress which was placed on the floor of her room, and in an attempt to reach the patient, the plaintiff knelt on the mattress. In doing so, her right knee allegedly made contact...

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