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Justice Carey

THE ELDERLY, wheelchair-bound plaintiff was held overnight by a hospital’s psychiatric unit when she fell from her wheelchair after exiting a bus. She served a notice of claim on Dec. 6, 2002 and on Sept. 2, 2003, filed a summons with notice. False imprisonment and medical malpractice were among the causes of action in her Dec. 13, 2003 verified complaint. Alleging law office failure and her physical condition, plaintiff sought to compel defendants’ acceptance of her complaint. The court compelled defendants’ acceptance of plaintiff’s complaint. Denying dismissal, it ruled that by submitting a physician’s affirmation that – based on the symptoms that plaintiff presented – the defendants deviated from accepted medical practice by confining her to the hospital’s psychiatric unit, plaintiff sufficiently demonstrated the merits of her claim. The court also found that she also established reasonable excuses for her delay in serving the complaint.

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