SOTO v. ASSISTED CARE HOME ATTENDANTS PROGRAM

1213, 23216/98.

66 A.D.3d 530 (2009)

887 N.Y.S.2d 73

2009 NY Slip Op 7461

ANGELA SOTO, as Administratrix of the Estate of JOSEFA RIVERA, Deceased, Appellant, v. ASSISTED CARE HOME ATTENDANTS PROGRAM, Respondent, et al., Defendant.

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

Decided October 20, 2009.


Plaintiff sued for injuries sustained by decedent when she fell out of bed due to the alleged negligence of her home health aide. Defendants were entitled to judgment when they established, through plaintiff's own deposition testimony, that plaintiff had no personal knowledge of the facts related to the injury (see Rodriguez v Sixth President, 4 A.D.3d 406 [2004]), thus relegating her theory to being proven only by speculation (...

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