OVENSERI v. ST. BARNABAS HOSPTAL

Nos. 7314, 7315, 309370/08, 7316.

94 A.D.3d 495 (2012)

941 N.Y.S.2d 499

2012 NY Slip Op 2601

ROBERTTA OVENSERI, Respondent, v. ST. BARNABAS HOSPTAL, Appellant.

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

Decided April 10, 2012.


Plaintiff, a participant in an out-patient program conducted on premises under the control of defendant hospital, alleges that she was injured when she slipped on a wet floor while she was voluntarily assisting during the program's coffee break.

Defendant is not entitled to a stay of the proceedings in this action pending a determination of its appeal by the Board. Indeed, the matter should not have been referred to the Board, as defendant failed to raise the workers...

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