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ALEXANDER v. THE SISTERS OF CHARITY OF ST. VINCENT DE PAUL OF NEW YORK

59 A.D.3d 238 (2009)

872 N.Y.S.2d 665

CLARISSA ALEXANDER, Respondent, v. THE SISTERS OF CHARITY OF ST. VINCENT DE PAUL OF NEW YORK, Also Known as THE SISTERS OF CHARITY OF ST. VINCENT DE PAUL, Defendant, and THE COLLEGE OF MOUNT SAINT VINCENT, Appellant.

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

Decided February 17, 2009.

Even crediting the narrative plaintiff provided at her deposition regarding how she fell from her elevated bed, nothing in the record before us establishes that plaintiff's fall was caused by any negligence on the part of defendant College of Mount Saint Vincent (CMSV). Plaintiff's evidence is insufficient to create a question of fact as to either causation or negligence on the part of CMSV. Nothing in plaintiff's evidence established...

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