Tyndale v. St. Francis Hospital

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Brands, J.), dated May 16, 2008, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.

The plaintiff was provided with a chair to use while she waited in a hallway outside an area of the hospital where her mother was undergoing diagnostic tests. Immediately prior, the chair had been located in an…