ETIENNE v. NEW YORK CITY POLICE DEPARTMENT


37 A.D.3d 647 (2007)

830 N.Y.S.2d 349

FRANTZ ETIENNE, Respondent, v. NEW YORK CITY POLICE DEPARTMENT et al., Appellants, et al., Defendant.

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

Decided February 20, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

On December 29, 1999 at 5:39 P.M., the plaintiff's mother, Marie Etienne (hereinafter the decedent), was having difficulty breathing, and thus contacted the defendant American Medical Alert Corp. (hereinafter AMAC), a private emergency calling service to which she subscribed. AMAC called the 911 emergency telephone number operated by the defendant City of New York. After learning that help was...

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