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DIGIULIO v. GRAN, INC.

No. 178 SSM 18

17 N.Y.3d 765 (2011)

952 N.E.2d 1064

929 N.Y.S.2d 71

2011 NY Slip Op 5117

LOUISE DIGIULIO, Individually and as Executrix of ALBERT DIGIULIO, Deceased, Appellant, v. GRAN, INC., Doing Business as NEW YORK HEALTH & RACQUET CLUB, et al., Respondents. (And a Third-Party Action.)

Court of Appeals of New York.

Decided June 14, 2011.

Attorney(s) appearing for the Case

Decolator, Cohen & DiPrisco, Garden City (David S. Gould of counsel), for appellant.

Morgan Melhuish Abrutyn, New York City (Douglas S. Langholz of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Assuming arguendo that General Business Law § 627-a implicitly created a duty for defendants to use the automated external defibrillator (AED) the section required them to provide at their facility, plaintiff cannot recover because she failed to raise a triable issue of fact demonstrating that...

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