Legal Opinion
DeCarlo v. Eden Park Health Services, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 2009PublishedCited by 11 opinions
1Opinion of the CourtMcCarthy, J.
Appeal from an order of the Supreme Court (Lalor, J.), entered September 17, 2008 in Greene County, which denied defendant’s motion for summary judgment dismissing the complaint.
Mary E. Tedesco (hereinafter decedent) was an 87-year-old woman with severe osteoporosis and a host of other medical conditions who, while a nonambulatory resident of defendant’s nursing home facility, suffered fractures of her left ankle and right femur, the immediate cause of which is unknown. Plaintiff, as administrator of decedent’s estate, brought this action on a theory of res ipsa loquitur alleging that…
2Cases cited4 opinions
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
- States v. Lourdes HospitalNew York Court of Appeals · 2003
- Schlanger v. DoeAppellate Division of the Supreme Court of the State of New York · 2008
- Rondeau v. Georgia Pacific Corp.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by11 opinions
- Frank v. SmithAppellate Division of the Supreme Court of the State of New York · 2015
- Fontanelli v. Price Chopper Operating Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Mattison v. OrthopedicsNY, LLPAppellate Division of the Supreme Court of the State of New York · 2020
- CLAYPOOLE, CHRISTINA v. TWIN CITY AMBULANCE CORP.Appellate Division of the Supreme Court of the State of New York · 2014
- Claypoole v. Twin City Ambulance Corp.Appellate Division of the Supreme Court of the State of New York · 2014
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