WOOD v. NYU HOSPS. CTR.

12273, 119109/06

116 A.D.3d 590 (2014)

984 N.Y.S.2d 342

2014 NY Slip Op 2708

TZVEE WOOD, Appellant, v. NYU HOSPITALS CENTER et al., Respondents, et al., Defendants.

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

Decided April 22, 2014.


The court properly dismissed the second cause of action, which alleged that defendants failed to assist decedent in ambulating to the bathroom, contributing to his fall. On the motion, neither plaintiff nor his expert addressed this claim with reference to the records reflecting that decedent had been so assisted less than an hour earlier, at which time safety precautions had been maintained. Plaintiff's related assertion that defendants failed to implement "high risk fall...

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