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HOLMES v. BRONX-LEBANON HOSP. CTR.

15222, 305387/08

128 A.D.3d 596 (2015)

11 N.Y.S.3d 114

2015 NY Slip Op 04420

TAMARA HOLMES, Appellant, v. BRONX-LEBANON HOSPITAL CENTER, Respondent.

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

Decided May 26, 2015.

Judgment, Supreme Court, Bronx County (Edgar Walker, J.), entered January 14, 2014, dismissing the complaint, unanimously affirmed, without costs.

At trial, plaintiff failed to establish that defendant (Bronx-Lebanon) deviated or departed from accepted practice and that that departure was a proximate cause of her injury (see Foster-Sturrup v Long, 95 A.D.3d 726 [1st Dept 2012]). Liability was not established by plaintiff...

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