Digiulio v. Gran, Inc.
Cases that cite this one
9 later published cases cite this decision.
- Hamlin v. PFNY, LLC (Appellate Division of the Supreme Court of New York 2020)
- Sandra L. Wallis v. Brainerd Baptist Church (Tenn. 2016)
- Miglino v. Bally Total Fitness of Greater New York, Inc. (N.Y. 2013)
- People v. JOSEPH R. (N.Y. 2011)
- Miglino v. Bally Total Fitness of Greater New York, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Culley v. Edwards Manufacturing Company of Albert Lea (District Court, S.D. New York 2024)
- Ingram v. Life Fitness (Appellate Division of the Supreme Court of New York 2016)
- Chappill v. Bally Total Fitness Corp. (Appellate Division of the Supreme Court of New York 2012)
- Chappill v. Bally Total Fitness Corp. (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
*767 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 render aid to the decedent.
Plaintiffs remaining contention lacks merit.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.