WILKS v. CITY OF NEW YORK

2015-09304, Index No. 4097/12.

144 A.D.3d 673 (2016)

2016 NY Slip Op 07185

40 N.Y.S.3d 504

CODELL WILKS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 2, 2016.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleges that while at the pain management clinic of Elmhurst Hospital, he attempted to sit in a chair with wheels, which rolled out from under him, causing him to fall to the ground and sustain injuries. The plaintiff subsequently commenced this action against the New York City Health and Hospitals Corporation (hereinafter the HHC) and another defendant. The defendants moved, inter...

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