1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 21 N.Y.3d
  5. 21 N.Y.3d 420 (2013)
 

APPLEWHITE v. ACCUHEALTH INC.

No. 86

21 N.Y.3d 420 (2013)

995 N.E.2d 131

972 N.Y.S.2d 169

2013 NY Slip Op 4727

TIFFANY APPLEWHITE, an Infant, by SAMANTHA APPLEWHITE, Her Mother and Natural Guardian, et al., Respondents, v. ACCUHEALTH, INC., et al., Defendants, and CITY OF NEW YORK, Appellant.

Court of Appeals of New York.

Reargued May 30, 2013.

Decided June 25, 2013.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Drake A. Colley , Fay Leoussis , Amy G. London , Margaret G. King and Edward F.X. Hart of counsel), for appellant.

Kramer, Dillof, Livingston & Moore, New York City ( Matthew Gaier and Thomas A. Moore of counsel), Norman Bard and Murray S. Axelrod , for respondents.

John A. Mancini , Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Michael Jaffee , New York City, and Pollack Pollack Isaac & De Cicco ( Brian J. Isaac of counsel) for New York State Trial Lawyers Association, amicus curiae.

Chief Judge LIPPMAN and Judges READ and RIVERA concur with Judge GRAFFEO; Judge SMITH concurs in result in an opinion in which Judge PIGOTT concurs; Judge ABDUS-SALAAM concurs in result in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

When a municipality provides ambulance service by emergency medical technicians in response to a 911 call for assistance, it performs a governmental function and cannot be held liable unless it owed a "special duty" to the injured party. Based on the specific allegations interposed in this case, plaintiffs have adequately established questions of fact on the applicability of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases