Lorber v. Prospect Park Nursing Home, Inc.

In an action, inter alia, to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated July 17, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Jacob Lorber was found in his bed in the defendant’s nursing home facility, with edema and redness of his left foot and ankle which was painful to the touch. Subsequent X-rays revealed that Lorber had a fractured left fibula and tibia. Lorber was unable, due to his medical infirmities,…