SUTHERLAND v. COMPREHENSIVE CARE MGT. CORP.

4877, 303755/09.

155 A.D.3d 414 (2017)

62 N.Y.S.3d 800

2017 NY Slip Op 07681

IVAN SUTHERLAND, as the Administrator of the Estate of LILLIAN SUTHERLAND, Deceased, Respondent, v. COMPREHENSIVE CARE MANAGEMENT CORPORATION, Defendant, and JOEY GALITO, Doing Business as D&J AMBULETTE SERVICE, et al., Appellants.

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

Decided November 2, 2017.


Defendants' motions for summary judgment were properly denied in this action where plaintiff's decedent, who suffered from Alzheimer's disease, was injured when she fell down the stairs in her home after being left unattended. Plaintiff alleges that defendants were negligent because after attending day care, the decedent was to be transported home by D&J and left in the care of an aide, who was employed by HAC. The record presents triable issues as to how the accident...

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