Earle v. Village of Lindenhurst

In an action to recover damages for personal injuries and wrongful death, the defendant appeals from an order of the Supreme Court, Suffolk County (Asher, J.), dated September 24, 2014, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

Geraldine Reifschneider (hereinafter the decedent), who suffered from chronic obstructive pulmonary disease and emphysema, collapsed, after losing consciousness, in the bedroom of her home. The…