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MICHAELS v. CITY OF BUFFALO

201 A.D.2d 117 (1994)

Robert P. Michaels, as Administrator of The Estate of John Michaels, Deceased, Plaintiff, v. City of Buffalo et al., Defendants Memorial Ambulance Service, Inc., Third-Party Plaintiff-Respondent, v. Lumbermen's Mutual Casualty Company, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 15, 1994

Attorney(s) appearing for the Case

Hurwitz & Fine, P. C., Buffalo (Paula M. Eade Newcomb and Dan D. Kohane of counsel), for appellant.

Volgenau & Bosse, Buffalo (Diane F. Bosse of counsel), for third-party plaintiff-respondent.

Macgavern & Macgavern, Buffalo, for plaintiff.

DOERR and BOEHM, JJ., concur with LAWTON, J.; FALLON, J., dissents and votes to affirm in a separate opinion in which GREEN, J. P., concurs.

LAWTON, J.

On January 12, 1986, plaintiff's decedent, John Michaels, had difficulty breathing, and his daughter-in-law called for assistance. In response, an ambulance operated by Memorial Ambulance Service, Inc. (Memorial) arrived and the attendants administered oxygen to Michaels. The attendants then placed him into the ambulance, but it could not be restarted and a radio call was placed for another ambulance...

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