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DiGiulio v. Gran, Inc.

17 N.Y.3d 765 Court N.Y. Decision date 2011-06-14 English

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p. 765
[952 NE2d 1064, 929 NYS2d 71]
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.)
Decided June 14, 2011
p. 766
APPEARANCES OF COUNSEL
Decolator, Cohen & DiPrisco, Garden City (David S. Gould of counsel), for appellant.
Morgan Melhuish Abrutyn, New York City (Douglas S. Langholz of counsel), for respondents.
p. 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.

Statutes and regulations cited