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1 rilcu inuv vj I C lo DiuiiA v^uui iiy NEW YORit SUPREME COURT - COUNTY OF BRONX PART.0 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: ^ Vef^icr vacat^^ CaseDisposed Q SettleOider Schedule Appearance Q A/^i ^ ^neiyit, Tffn-i)So''' Justice. The following papers numbered to i R d on tinaxnotooofc rfiiij mhmitted as Nc. ou the Motion Calendar of Noticed on [» ATORS Notice ofmotion - Older to Show Ciuae - Bihibitt ind Affidavits AnncBd AfiSdsvitiud Exhibits Pletdiiigi - Eichibit StipulitiM^s) - Refeieefs Report - Minutes Filed Ptpeis Memonnda of Law OiA yfp IK ( OACAhx?^ 'o C\ LaVkuj^ia.'^ Jated: Hon.

2 FILED Nov 0 Bronx County Clerk SUPREME COURT OF THE STATE OF NEW YORK BRONX COUNTY : CIVIL TERM : PART IA-0 DOROTHY IONES, -agai nst- Plaintiff, NEW YORK PRESBYTERIAN HOSPITAL a/k/a COLUMBIA UNIVERSITY MEDICAL CENTER And NEW YORK PRESBYTERIAN HEALTHCARE SYSTEM, INC. Defendants. Index No. 0/0 Court's Decision 0 October, 0 Bronx supreme Court Grand concourse Bronx, New York BEFORE: HON. KENNETH L. THOMPSON, JR. J U S T I C E APPEARANCES: BURNS & HARRIS, ESQS. Attorneys for the Plaintiff Broadway, Suite 00 New York, New York BY: WAYNE A.. WATTLEY, ESQ. LUCA & PEARL, LLP Attorneys for the Defendant New York Presbyterian Hospital Madison Avenue, th Floor New York, New York 0 BY: SCOTT W. PEARL, ESQ. MARTIN CLEARWATER & BELL, LLP Attorneys for Defendant New York Presbyterian Hospital 0 East nd Street New York, New York 0 BY: BARBARA D. GOLDBERG, ESQ. CHRISTINE PLUSKOTA, R.P.R. senior court Reporter

3 FILED Nov 0 Bronx County Clerk Proceedi ngs 0 THE COURT: Counsels on lones, step up to the well. I will render a decision. You can be seated. You can put your appearance on the record, counsel for plaintiff. MR. WATTLEY: Good moming. Wayne A.J. wattley, W-A-T-T-L-E-Y, from Burns & Harris, Broadway, suite 00, New York, New York. Standing in for Seth Harris, we represent Dorothy Dones, the plaintiff. MR. PEARL: Luca & Pearl by Scott Pearl, Madison Avenue, New York, New York 0 for New York Presbyterian Hospital. MS. GOLDBERG: And Martin Clearwater & Bell, 0 East nd Street, New York, New York 0 by Barbara Goldberg. We're appellate counsel for the hospital. THE COURT: okay. At this point in time there has been no settlement that's been agreed to by the parties; is that correct? MR. WATTLEY: That's correct, your Honor. MR. PEARL: That's correct. MS. GOLDBERG: That's correct. THE COURT: All right. I have the motion here before me. The defendant's motion pursuant to CPLR 0(a) to set aside the verdict in favor of the plaintiff and directing the entry of judgment as a matter of law in favor

4 FILED Nov 0 Bronx County Clerk Proceedi ngs 0 of the defendant is granted. The security guard on duty at the time of the incident, February, 0, Lisa Guerrido, testified maybe to 0 times in years, while working for the defendant, she had picked up the mesh hat or surgical cap off the floor of the vestibule approximately. to. times per year, the security guard, Lisa Guerrido, picked up the mesh hats and the surgical cap in the vestibule. I would direct the people to Gordon v The American Museum of Natural History, NYd -- I don't know if that's the correct cite. No, NYd, and Grier v R.H. Macy & Company. That's ADd, and Rivera v 0 Realty Co., LLC, NYd. The. to. surgical caps per year that the security guard, Lisa Guerrido, picked up does not support plaintiff's claim that this was a recurring condition, nor does it establish that the defendant hospital was negligent in not providing a safe place in the hospital. See Chianese V Mecier, NYd 0 involving a recurring safety condition, namely doors left open and assault and multiple burglaries over a two-year period that preceded an attack on the plaintiff. This case is not similar at all to the case tried before me. The Court finds that the plaintiff failed to prove by a preponderance of the credible evidence that the

5 FILED Nov 0 Bronx County Clerk Proceed!ngs 0 defendant, New York Presbyterian Hospital, was negligent on February, 0 with regard to the cap on the vestibule floor. Actual or constructive notice of the condition wasn't proved. Nor did plaintiff establish that this was a recurring condition, caps in the vestibule. Even assuming arguendo, the condition of the missing tiles and rubber mats in the vestibule could be or could attribute negligence on the part of the defendant, the substantial factor in causing plaintiff's injuries was her slipping on the caps or the mesh caps on February, 0. The issue of whether a defendant's negligence was a proximate cause of an accident is separate and distinct from the negligence determination. See Rodriguez v budget Rent-A-Car Systems, inc., ADd, and ohdan v New York, ADd. A defendant may act negligently without the negligence constituting a proximate cause of the accident. From the testimony adduced from the plaintiff, it is clear that the proximate cause of her fall was the surgical or mesh caps in the vestibule. Accordingly, the defendant's motion is granted. Judgment is granted in favor of defendants dismissing this case. Judgment entered after verdict is hereby vacated. The foregoing shall constitute the decision and order of the Court. Good day, Counsels.

6 FILED Nov 0 Bronx County Clerk Proceedi ngs MS. GOLDBERG: Thank you, your Honor. MR. WATTLEY: Your Honor, may I note my exception on the record, please? THE COURT: Exception noted for the trial counsel. MR. WATTLEY: Thank you, your Honor. Certified to be a true and accurate transcript of the foregoing proceedings Christine Pluskota, R.P.R. a 0