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CAMPBELL v. ST. BARNABAS HOSPITAL

Index No. 300772/12. Appeal No. 13192. Case No. 2020-01702.

195 A.D.3d 405 (2021)

150 N.Y.S.3d 63

2021 NY Slip Op 03404

Maria Campbell, Respondent, v. St. Barnabas Hospital, Appellant.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Garbarini & Scher, P.C., New York ( William D. Buckley of counsel), for appellant.

Law Office of Thomas Torto, New York ( Thomas Torto of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Mazzarelli, Oing, JJ.

Plaintiff, a home health aide, took her client to defendant's physical therapy clinic for treatment. Plaintiff had never been to this clinic prior to the day of her accident. At trial, plaintiff testified that upon arriving she observed that the room was separated into three different therapy areas and that there were three therapy tables, each with chairs. The clinic also had rehabilitation equipment in a different, yet visible...

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