DARRISAW v. STRONG MEM. HOSP., & C.

No. 61 SSM 56.

2011 NY Slip Op 00087

ERICA Y. DARRISAW, AS ADMINISTRATRIX OF THE ESTATE OF DOLORES N. SCHUYLER, Deceased, Appellant, v. STRONG MEMORIAL HOSPITAL, & C. ET AL., Respondents.

Court of Appeals of New York.

Decided January 11, 2011.


Attorney(s) appearing for the Case

Submitted by John H. Beaumont , for appellant.

Submitted by Christian C. Casini , for respondents.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.


MEMORANDUM

The order of the Appellate Division should be affirmed with costs. We conclude defendants demonstrated their entitlement to summary judgment on the negligence cause of action. In opposition, plaintiff failed to adduce sufficient evidence to raise a triable issue of fact on the allegations that Nurse Baldwin grabbed decedent's arm or caused her to fall to the ground.

Additionally, we agree with the Appellate Division majority that plaintiff's negligent...

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