Rubin v. Staten Island University Hospital

Appellate Division of the Supreme Court of New York

Rubin v. Staten Island University Hospital

39 A.D.3d 618, 833 N.Y.S.2d 241

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 2007

StatusPublished

Cited by8 cases

This text of 39 A.D.3d 618 (Rubin v. Staten Island University Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rubin v. Staten Island University Hospital, 39 A.D.3d 618, 833 N.Y.S.2d 241 (N.Y. Ct. App. 2007).

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Opinion

In an action, inter alia, to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated January 11, 2006, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

“To prove a prima facie case of negligence, a plaintiff must demonstrate the existence of a duty, a breach of that duty, and that the breach of such duty was a proximate cause of his or her injuries” (Coral v State of New York, 29 AD3d 851, 851 [2006]; see Alvino v Lin, 300 AD2d 421 [2002]). The defendant established its entitlement to judgment as a matter of law by demonstrating that its alleged delay in providing a wheelchair to the plaintiffs’ decedent was not a proximate cause of her injuries (see generally Bank v Lincoln Shore Owners, 229 AD2d 370 [1996]). In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs’ contention that the decedent fell because she was weakened from the alleged long wait for a [619]*619wheelchair is speculative (see Hardman v Long Is. Urological Assoc., 253 AD2d 849, 850 [1998]). Rivera, J.P., Dillon, Angiolillo and Dickerson, JJ., concur.

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In an action, inter alia, to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated January 11, 2006, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

“To prove a prima facie case of negligence, a plaintiff must demonstrate the existence of a duty, a breach of that duty, and that the breach of such duty was a proximate cause of his or her injuries” (Coral v State of New York, 29 AD3d 851, 851 [2006]; see Alvino v Lin, 300 AD2d 421 [2002]). The defendant established its entitlement to judgment as a matter of law by demonstrating that its alleged delay in providing a wheelchair to the plaintiffs’ decedent was not a proximate cause of her injuries (see generally Bank v Lincoln Shore Owners, 229 AD2d 370 [1996]). In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs’ contention that the decedent fell because she was weakened from the alleged long wait for a [619]*619wheelchair is speculative (see Hardman v Long Is. Urological Assoc., 253 AD2d 849, 850 [1998]). Rivera, J.P., Dillon, Angiolillo and Dickerson, JJ., concur.

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Bluebook (online)

39 A.D.3d 618, 833 N.Y.S.2d 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubin-v-staten-island-university-hospital-nyappdiv-2007.

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