DECARLO v. EDEN PARK HEALTH SERVICES, INC.

506826.

66 A.D.3d 1211 (2009)

887 N.Y.S.2d 315

2009 NY Slip Op 7559

DANIEL BRUCE DECARLO, as Administrator of the Estate of MARY E. TEDESCO, Deceased, Respondent, v. EDEN PARK HEALTH SERVICES, INC., Doing Business as EDEN PARK HEALTH CARE CENTER, Appellant.

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

Decided October 22, 2009.


McCarthy, J.

Mary E. Tedesco (hereinafter decedent) was an 87-year-old woman with severe osteoporosis and a host of other medical conditions who, while a nonambulatory resident of defendant's nursing home facility, suffered fractures of her left ankle and right femur, the immediate cause of which is unknown. Plaintiff, as administrator of decedent's estate, brought this action on a theory of res ipsa loquitur alleging that defendant's negligence

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