Majority
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered May 21, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
New York City police officers and emergency medical technicians (EMTs) responded to a 911 call regarding plaintiff, who suffered from bipolar disorder. When they arrived, plaintiff appeared calm, and wanted help. The police convinced plaintiff to enter an ambulance, but after he was seated and his vital signs were taken, he opened the ambulance door, ran up five flights of stairs of a nearby building and, while attempting to climb down the fire escape, fell to the ground.
Defendants made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that they owed no special duty to plaintiff (see McLean v City of New York, 12 NY3d 194 , 199 [2009]), other than “that owed the public generally” (Lauer v City of New York, 95 NY2d 95 , 100 [2000]). In opposition, plaintiff failed to raise an issue of fact (see Torres v City of New York, 116 AD3d 947 [2d Dept 2014]; compare Applewhite v Accuhealth, Inc., 21 NY3d 420 [2013]).
We have considered plaintiff’s remaining arguments and find them unavailing.
Concur — Sweeny, J.P., Acosta, Feinman, Kapnick and Kahn, JJ.
Cases cited
- McLean v. City of New York 12 NY3d 194 at 199 p. 420
- Lauer v. City of New York 95 NY2d 95 at 100 p. 420
- Torres v. City of New York 116 AD3d 947 p. 420
- Applewhite v. Accuhealth, Inc. 21 NY3d 420 p. 420
- Valdez v. City of New York 18 NY3d 69 at 79 p. 421
- DiMeo v. Rotterdam Emergency Medical Services, Inc. 110 AD3d 1423 at 1424 p. 421