TYNDALE v. ST. FRANCIS HOSPITAL


65 A.D.3d 1133 (2009)

886 N.Y.S.2d 51

PATRICIA TYNDALE, Appellant, v. ST. FRANCIS HOSPITAL et al., Respondents.

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

Decided September 15, 2009.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The plaintiff was provided with a chair to use while she waited in a hallway outside an area of the hospital where her mother was undergoing diagnostic tests. Immediately prior, the chair had been located in an office. The chair collapsed when the plaintiff sat on it, causing the plaintiff to fall and sustain injuries. The...

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