New York Court of Appeals, 2011

Digiulio v. Gran, Inc.

Digiulio v. Gran, Inc.
New York Court of Appeals · Decided June 14, 2011 · Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur
952 N.E.2d 1064; 17 N.Y.3d 765; 929 N.Y.S.2d 71; 2011 NY Slip Op 5117 (North Eastern Reporter, Second Series)

Digiulio v. Gran, Inc.

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.