Silver v. City of New York

Appellate Division of the Supreme Court of New York

Silver v. City of New York

281 A.D.2d 233, 721 N.Y.S.2d 651, 2001 N.Y. App. Div. LEXIS 2470

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 2001

StatusPublished

Cited by2 cases

This text of 281 A.D.2d 233 (Silver v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Silver v. City of New York, 281 A.D.2d 233, 721 N.Y.S.2d 651, 2001 N.Y. App. Div. LEXIS 2470 (N.Y. Ct. App. 2001).

Pincite

Opinion

Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 30,1999, which, inter alia, granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

[234]*234In this wrongful death action premised upon the City’s alleged failure to deliver timely emergency medical services to the 81-year old decedent apparently suffering from heart failure, there is no evidence of detrimental reliance upon the assurances of EMS personnel to the effect that an ambulance had been dispatched to the decedent’s residence. It is conceded that only seven minutes elapsed between the giving of such assurances and the arrival of the ambulance and no proof has been offered from which it might be inferred that, based on the assurances given, a decision was made not to seek help from an alternative source, nor that any such decision was causally related to the decedent’s death (see, Cuffy v City of New York, 69 NY2d 255, 261; Grieshaber v City of Albany, 279 AD2d 232, 235-236). There is no indication that more efficacious alternatives to waiting for the EMS ambulance were available during the seven-minute period at issue (compare, Canty v New York City Health & Hosps. Corp., 158 AD2d 271, 273). Concur— Nardelli, J. P., Ellerin, Wallach, Buckley and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 30,1999, which, inter alia, granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

[234]*234In this wrongful death action premised upon the City’s alleged failure to deliver timely emergency medical services to the 81-year old decedent apparently suffering from heart failure, there is no evidence of detrimental reliance upon the assurances of EMS personnel to the effect that an ambulance had been dispatched to the decedent’s residence. It is conceded that only seven minutes elapsed between the giving of such assurances and the arrival of the ambulance and no proof has been offered from which it might be inferred that, based on the assurances given, a decision was made not to seek help from an alternative source, nor that any such decision was causally related to the decedent’s death (see, Cuffy v City of New York, 69 NY2d 255, 261; Grieshaber v City of Albany, 279 AD2d 232, 235-236). There is no indication that more efficacious alternatives to waiting for the EMS ambulance were available during the seven-minute period at issue (compare, Canty v New York City Health & Hosps. Corp., 158 AD2d 271, 273). Concur— Nardelli, J. P., Ellerin, Wallach, Buckley and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

281 A.D.2d 233, 721 N.Y.S.2d 651, 2001 N.Y. App. Div. LEXIS 2470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-v-city-of-new-york-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack