Angela Soto sued the Assisted Care Home Attendants Program, Sandra Arriola and others, after Josefa Rivera fell out of her bed and suffered injuries.
When the Bronx County Supreme Court dismissed the case, Soto filed an appeal.
Because Rivera had passed away, and Soto lacked personal knowledge of the underlying facts, the Appellate Division, First Department, thought the lawsuit's dismissal was appropriate.
Since Soto based the case on a phone conversation she had had with Rivera and Arriola some two and a half hours after the accident -- testimony that was "inadmissible hearsay" -- that evidence couldn't be considered.
Now that's some disconnect.
To view a copy of the Appellate Division's decision, please use this link: Soto v. Assisted Care Home Attendants Program