Hawkins v. Terence Cardinal Cooke Health Care Ctr.

• Decision Date: 23 May 2022
• Docket Number: MOTION SEQ. NO. 003,157079/2019
• Citation: 2022 NY Slip Op 31667 (U)
• Parties: DOROTHY HAWKINS, Plaintiff, v. TERENCE CARDINAL COOKE HEALTH CARE CENTER, Defendant.
• Court: New York Supreme Court

2022 NY Slip Op 31667(U)

DOROTHY HAWKINS, Plaintiff,
v.
TERENCE CARDINAL COOKE HEALTH CARE CENTER, Defendant.

No. 157079/2019, MOTION SEQ. NO. 003

Supreme Court, New York County

May 23, 2022

Unpublished Opinion

DECISION + ORDER ON MOTION

SABRINA KRAUS, J.S.C.

The following e-filed documents, listed by NYSCEF document number (Motion 003) 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 were read on this motion to/for JUDGMENT - SUMMARY.

Plaintiff commenced this action and alleges damages for personal injury as a result of a trip and fall on a sidewalk. Plaintiff alleges that she was walking on the sidewalk on Fifth Avenue early in the morning and she fell. Initially, plaintiff alleged the fall took place at 1259 Fifth Avenue, later, defendant denied ownership of said premises, plaintiff amended her pleadings to allege the fall took place several blocks away at 1249 Fifth Avenue.

On April 1, 2022, plaintiff moved for summary judgment as to liability, a determination that plaintiff is free from comparative negligence and dismissal of defendants' third affirmative defense which asserts plaintiff s damages were the result of the culpable conduct of plaintiff.

Because liability in this action will largely be determined on the credibility of plaintiff and because plaintiffs own evidence contains inconsistencies the court finds that summary judgment is not warranted in this action.

1

Plaintiffs own legal documents have created a material issue of fact as to where this alleged fall really occurred. The initial pleadings affirm that the accident of January 15, 2019 occurred at 1259 Fifth Avenue, New York, NY. Terence Cardinal Cooke is 1249 Fifth Avenue.

Plaintiff has gone by numerous aliases over the years for legal purposes. Defendant asserts there is an issue of fact as to who plaintiff really is. Dorothy Hawkins is not the name on the incident report she filed with defendant. The records from Mount Sinai reflect a different name than that given to TCC and note that Dorothy Hawkins presented to the ED on January 15, 2018 at 6:10 am - before the alleged fall at 6:30 am, claiming that she fell while walking and did not make any reference to the fact that it was in front of TCC. X-rays were negative and she was released. No acute injury was found.

Instead of immediately seeking medical attention plaintiff testified that she...