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AIELLO v. BURNS INTL. SEC.

117442/08, 10141.

110 A.D.3d 234 (2013)

973 N.Y.S.2d 88

2013 NY Slip Op 5767

RACHEL AIELLO, Individually and as Administratrix of the Estate Of JASON JOHN AIELLO, Deceased, Appellant, v. BURNS INTERNATIONAL SECURITY SERVICES CORPORATION, Respondent, and SAINT VINCENTS CATHOLIC MEDICAL CENTERS OF NEW YORK et al., Appellants, et al., Defendant.

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

Decided September 3, 2013.

Attorney(s) appearing for the Case

Law Offices of William Cafaro, New York City ( Steven M. Pivovar of counsel), for Rachel Aiello, appellant.

Bartlett, McDonough & Monaghan, LLP, Mineola ( Robert G. Vizza and Patricia D'Alvia of counsel), for Saint Vincents Catholic Medical Centers of New York and others, appellants.

Marin Goodman, LLP, Harrison ( Russell S. Jamison of counsel), for respondent.

ACOSTA, DEGRASSE and RICHTER, JJ., concur; TOM, J.P., concurs in a separate opinion.

OPINION OF THE COURT

RENWICK, J.

Plaintiff commenced this wrongful death action as administratrix of the estate of her deceased husband, Jason Aiello. Plaintiff alleges that defendants were negligent in allowing her husband to escape from the emergency room of a psychiatric care unit. At the time, Aiello, a retired New York City Police Department (NYPD) Sergeant, had been admitted to the unit but was waiting for an inpatient bed to become available. After...

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