Miglino v. Bally Total Fitness of Greater New York, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sgroi, J.
On this appeal we consider whether General Business Law § 627-a, which mandates that certain health clubs in the State of New York provide an automated external defibrillator device, as well as a person trained in its use, also imposes an affirmative duty of care upon the facility so as to give rise to a cognizable statutory cause of action in negligence for failure to use the device. We conclude that such a cause of action is cognizable. We also conclude that the plaintiff stated a cause of action to recover damages for common-law negligence against the defendant…
2Cases cited24 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
- Pulka v. EdelmanNew York Court of Appeals · 1976
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3Cited by16 opinions
- Miglino v. Bally Total Fitness of Greater New York, Inc.New York Court of Appeals · 2013
- Kranenberg v. TKRS Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Carver v. Nassau County Interim Fin. Auth.Appellate Division of the Supreme Court of the State of New York · 2016
- Seeger v. MarketplaceAppellate Division of the Supreme Court of the State of New York · 2012
- Sucre v. Consolidated Edison Co. of N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2020
11 more not listed; retrieve them via the Exa API.