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DARRISAW v. STRONG MEMORIAL HOSPITAL

654 CA 09-01854.

74 A.D.3d 1769 (2010)

902 N.Y.S.2d 286

ERICA Y. DARRISAW, as Administratrix of the Estate of DOLORES N. SCHULYER, Deceased, Appellant, v. STRONG MEMORIAL HOSPITAL, a Division of UNIVERSITY OF ROCHESTER, et al., Respondents.

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

Decided June 11, 2010.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiff's decedent in this negligence action was injured when she fell at defendant hospital, fracturing her ankle. Decedent was seated in a chair in her hospital room, and she refused the offer of defendant nurse to assist her in leaving the chair in order to walk around the nurses' station. According to decedent, defendant nurse touched her arm while she was attempting...

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