January 11, 2011
ERICA Y. DARRISAW, AS ADMINISTRATRIX OF THE ESTATE OF DOLORES N. SCHUYLER, DECEASED, APPELLANT,
STRONG MEMORIAL HOSPITAL, &C. ET AL., RESPONDENTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
The order of the Appellate Division should be affirmed with costs. We conclude defendants demonstrated their entitlement to summary judgment on the negligence cause of action. In opposition, plaintiff failed to adduce sufficient evidence to raise a triable issue of fact on the allegations that Nurse Baldwin grabbed decedent's arm or caused her to fall to the ground.
Additionally, we agree with the Appellate Division majority that plaintiff's negligent supervision claim is not before the court because neither the cause of action nor its underlying facts were raised in the complaint. On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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