Legal Opinion

Barnes v. Dungan

Appellate Division of the Supreme Court of the State of New York

Decided May 20, 1999PublishedCited by 4 opinions

1Opinion of the Court

—Peters, J.

Appeal from an order of the Supreme Court (Mugglin, J.), entered June 1, 1998 in Delaware County, which denied defendants’ motions to dismiss the complaint for failure to state a cause of action.

Sharon L. Barnes (hereinafter decedent) was an employee at defendant Peace Plantation Animal Sanctuary in October 1996 when she suffered a heart attack while on duty. Co-worker Jodi Seeley, certified to perform cardiopulmonary resuscitation (hereinafter CPR), immediately responded and offered to resuscitate decedent but was prohibited from doing so by defendant Earl Dungan, her supervisor…

2Cases cited9 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. MacFawn v. KreslerNew York Court of Appeals · 1996
  3. Acevedo v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Pebble Cove Homeowners' Ass'n v. Fidelity New York FSBAppellate Division of the Supreme Court of the State of New York · 1989
  5. Herman v. Lancaster Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1988

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3Cited by4 opinions

  1. Ford v. SnashallAppellate Division of the Supreme Court of the State of New York · 2001
  2. Hartshorne v. Roman Catholic Diocese of Albany, N.Y.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Talmadge v. Roman Catholic Diocese of Albany, N.Y.Appellate Division of the Supreme Court of the State of New York · 2018
  4. Vestal v. PontilloAppellate Division of the Supreme Court of the State of New York · 2018

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