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BOLTYANSKY v. NEW YORK COMMUNITY HOSPITAL

2018-00954, Index No. 503747/12.

175 A.D.3d 1478 (2019)

108 N.Y.S.3d 188

2019 NY Slip Op 06738

Kolman Boltyansky, Appellant, v. New York Community Hospital, Respondent.

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

September 25, 2019.

Attorney(s) appearing for the Case

Law Office of Yuriy Prakhin, P.C., Brooklyn, NY, for appellant.

Bréa Yankowitz P.C., Floral Park, NY ( Arthur I. Yankowitz and Patrick J. Bréa of counsel), for respondent.

Balkin, J.P., Leventhal, Roman and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

In February 2012, Pesya Boltankaya, who was 87 years old, presented to the emergency room of the defendant, New York Community Hospital, with an infection of the right foot. Boltankaya was assessed as being at risk for falls and was placed on fall prevention protocol. The next day, Boltankaya fell from her hospital bed and suffered a fractured hip, requiring surgery. Boltankaya subsequently commenced this action, inter...

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