Rubin v. Staten Island University Hospital, 2006-01792.
| Decision Date | 10 April 2007 |
| Docket Number | 2006-01792. |
| Citation | 39 A.D.3d 618,2007 NY Slip Op 03118,833 N.Y.S.2d 241 |
| Parties | MORRIS RUBIN et al., Respondents, v. STATEN ISLAND UNIVERSITY HOSPITAL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.
"To prove a prima facie case of negligence, a plaintiff must demonstrate the existence of a duty, a breach of that duty, and that the breach of such duty was a proximate cause of his or her injuries" (Coral v State of New York, 29 AD3d 851, 851 [2006]; see Alvino v Lin, 300 AD2d 421 [2002]). The defendant established its entitlement to judgment as a matter of law by demonstrating that its alleged delay in providing a wheelchair to the plaintiffs' decedent was not a proximate cause of her injuries (see generally Bank v Lincoln Shore Owners, 229 AD2d 370 [1996]). In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs' contention that the decedent fell because she was weakened from the alleged long wait for a wheelchair is speculative (see Hardman v Long Is. Urological Assoc., 253 AD2d 849, 850 [1998]).
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