Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.
Edward Wesolowski (hereinafter the decedent) allegedly was injured during an incident on August 12, 2005, while he was a patient at the defendant hospital. The decedent got out of bed in a "confused" state, started to walk through the hallway, refused assistance, and attempted to hit hospital staff...
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