Burts v. City of New York

Judgment unanimously affirmed, with costs. Defendant established that for several days prior to the occurrence of the accident plaintiff walked unaccompanied and unassisted in his room, in the halls, and to the lavatory. Upon all the evidence the trial court was warranted in holding that defendant hospital was in no respect negligent and that it could not have reasonably anticipated the happening of the accident. Concur— Botein, J. P., Rabin, Cox, Frank and Yalente, JJ.