Wickham v. Margaretville Memorial Hospital

Appellate Division of the Supreme Court of New York

Wickham v. Margaretville Memorial Hospital

43 A.D.2d 764, 1973 N.Y. App. Div. LEXIS 2897

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

DecidedDecember 13, 1973

StatusPublished

This text of 43 A.D.2d 764 (Wickham v. Margaretville Memorial 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

Wickham v. Margaretville Memorial Hospital, 43 A.D.2d 764, 1973 N.Y. App. Div. LEXIS 2897 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal from an order of the Supreme Court at Special Term, entered February 27, 1973 in Delaware County, which denied defendants’ motion for summary judgment. The instant litigation is a wrongful death action which arose as a result of injuries sustained by the decedent when she fell from her bed in the defendant hospital, allegedly due to the defendants’ negligent failure to provide a railing or other protective device on her bed. Special Term denied summary judgment on the ground that triable issues of fact exist and we agree. Mossman v. Albany Med. Center Eosp. (34 A D 2d 263) does not, as defendants assert, mandate dismissal. In Mossman we upheld a judgment which dismissed the complaint after a full trial during which plaintiff did not establish either negligence or malpractice. Such is not the posture of the present case. Order affirmed, with costs. Staley, Jr., J. P., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Appeal from an order of the Supreme Court at Special Term, entered February 27, 1973 in Delaware County, which denied defendants’ motion for summary judgment. The instant litigation is a wrongful death action which arose as a result of injuries sustained by the decedent when she fell from her bed in the defendant hospital, allegedly due to the defendants’ negligent failure to provide a railing or other protective device on her bed. Special Term denied summary judgment on the ground that triable issues of fact exist and we agree. Mossman v. Albany Med. Center Eosp. (34 A D 2d 263) does not, as defendants assert, mandate dismissal. In Mossman we upheld a judgment which dismissed the complaint after a full trial during which plaintiff did not establish either negligence or malpractice. Such is not the posture of the present case. Order affirmed, with costs. Staley, Jr., J. P., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Bluebook (online)

43 A.D.2d 764, 1973 N.Y. App. Div. LEXIS 2897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wickham-v-margaretville-memorial-hospital-nyappdiv-1973.