Home/New York Court of Appeals/Digiulio v. Gran, Inc.

Digiulio v. Gran, Inc.

952 N.E.2d 1064, 17 N.Y.3d 765, 929 N.Y.S.2d 71, 2011 NY Slip Op 5117
CourtNew York Court of Appeals
DecidedJune 14, 2011
Docket178 SSM 18
StatusPublished
Cited by10 cases

This text of 952 N.E.2d 1064 (Digiulio v. Gran, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Digiulio v. Gran, Inc., 952 N.E.2d 1064, 17 N.Y.3d 765, 929 N.Y.S.2d 71, 2011 NY Slip Op 5117 (N.Y. 2011).

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.

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Cite This Page — Counsel Stack

Bluebook (online)
952 N.E.2d 1064, 17 N.Y.3d 765, 929 N.Y.S.2d 71, 2011 NY Slip Op 5117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/digiulio-v-gran-inc-ny-2011.