Legal Opinion
Digiulio v. Gran, Inc.
New York Court of Appeals
Decided June 14, 2011No. 178 SSM 18PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Assuming arguendo that General Business Law § 627-a implicitly created a duty for defendants to use the automated external defibrillator (AED) the section required them to provide at their facility, plaintiff cannot recover because she failed to raise a triable issue of fact demonstrating that defendants’ or their employees’ failure to access the AED was grossly negligent (see General Business Law § 627-a [3]; Public Health Law § 3000-a). Defendants also did not breach any common-law duty to…
2Cited by9 opinions
- Sandra L. Wallis v. Brainerd Baptist ChurchTennessee Supreme Court · 2016
- Miglino v. Bally Total Fitness of Greater New York, Inc.New York Court of Appeals · 2013
- Miglino v. Bally Total Fitness of Greater New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- People v. JOSEPH R.New York Court of Appeals · 2011
- Ingram v. Life FitnessAppellate Division of the Supreme Court of the State of New York · 2016
4 more not listed; retrieve them via the Exa API.