De Boer v. Lloyd's Shopping Center, Inc.

In an action to recover damages for wrongful death, etc., defendant appeals from an order of the Supreme Court, Orange County (Palella, J.), dated June 5, 1984, which denied its motion pursuant to CPLR 3212 for summary judgment dismissing the complaint.

Order reversed, on the law, with costs, motion granted, and complaint dismissed.

This action, inter alia, to recover damages for wrongful death is predicated on decedent’s fall on defendant’s premises. However, decedent’s medical records, prepared subsequently to his fall, reveal that the fall caused him relatively minor and insignificant…