Bamrick v. Orchard Brooke Living Centre

Appeal from an order of the Supreme Court, Erie County (Robert E. Whelan, J.), entered April 3, 2003. The order granted defendant’s motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law with costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action as executor of the estate of decedent, his late mother, to recover damages for personal injuries decedent sustained as a result of a fall at defendant’s adult home facility.…