Ordered that the order dated February 24, 2003, is affirmed; and it is further,
Ordered that the order dated May 15, 2003, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondents.
On September 1, 1997, the plaintiffs decedent was left unattended in the day room of the defendants’ geriatric care facility, and allegedly fell while attempting to get out of her chair to reach for her walker. In June 1998 the plaintiffs decedent commenced this action to recover damages for the personal injuries that she sustained, and her daughter was substituted as the plaintiff after the decedent died in February 1999.
To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care at the facility where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of the injury (see Pace v Jakus,
To establish a claim alleging common-law negligence, a
The defendants also established their entitlement to judgment dismissing the negligence cause of action by demonstrating that the plaintiff was unable to establish that their alleged negligence was the proximate cause of the decedent’s injury, as there were no witnesses to the decedent’s accident and the plaintiff had no personal knowledge regarding the cause of the accident (see Hartman v Mountain Val. Brew Pub,
Further, the Supreme Court providently exercised its discretion in denying that branch of the plaintiffs motion which was for leave to renew, as the plaintiff failed to provide a reasonable excuse for not submitting the additional facts on the original motion (see Albanese v Hametz,
The parties’ remaining contentions are without merit. H. Miller, J.P., Krausman, Cozier and Spolzino, JJ., concur.
