Palka v. Servicemaster Management Services Corp.

Mikoll, J. P.

(dissenting). We respectfully dissent. Plaintiff has made a prima facie showing that defendant, who had contracted with Ellis Hospital to provide maintenance ser*641vices, failed to maintain a wall-mounted oscillating fan which disattached from the wall and fell on plaintiffs head, injuring her. Plaintiff was a nurse tending a patient when injured. Plaintiff has raised a question of fact regarding defendant’s negligence, the resolution of which was for the jury.

The evidence presented demonstrates that the hospital had a plan for inspecting fans, that defendant, who undertook…