Digiulio v. Gran, Inc.

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

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.

Reference

Full Case Name
Louise DiGiulio, Individually and as Executrix of Albert DiGiulio, Deceased, Appellant, v. Gran, Inc., Doing Business as New York Health & Racquet Club, Et Al., Respondents. (And a Third-Party Action.)
Cited By
10 cases
Status
Published