SORRENTINO v. FIREMAN


13 A.D.3d 122 (2004)

786 N.Y.S.2d 170

GEORGE E. SORRENTINO, III, et al., as Coadministrators of the Estate of GEORGE E. SORRENTINO, Also Known as GEORGE E. SORRENTINO, JR., Deceased, Appellants, v. SHELDON FIREMAN, Doing Business as TRATTORIA DELL'ARTE RESTAURANT, Respondent.

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

December 9, 2004.


This case was first before us on appeal from the denial of defendant's motion for summary judgment dismissing the complaint (298 A.D.2d 333 [2002]). We affirmed, holding that, while no duty is imposed upon a restaurant proprietor or employee to engage in any affirmative action with respect to a choking victim (Public Health Law § 1352-b [4]), defendant's employees undertook affirmative action in calling 911, and conflicting evidence...

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