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MICHAELS v. CITY OF BUFFALO

85 N.Y.2d 754 (1995)

651 N.E.2d 1272

628 N.Y.S.2d 253

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

Court of Appeals of the State of New York.

Decided June 8, 1995.

Attorney(s) appearing for the Case

Volgenau & Bosse, Buffalo (Diane F. Bosse and Randall H. Endo of counsel), for defendant and third-party plaintiff-appellant.

Hurwitz & Fine, P. C., Buffalo (Dan D. Kohane and Paula M. Eade Newcomb of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

On January 12, 1986, an ambulance was called to assist plaintiff's decedent, John Michaels, who was having trouble breathing. After he was attended to, he was placed inside the ambulance. Unfortunately, the ambulance could not be restarted. A new ambulance was summoned and arrived on the scene minutes later. Decedent was then transported by the second ambulance to a hospital where he died about 20...

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