MIGLINO v. BALLY, INC.

2010-06556

92 A.D.3d 148 (2011)

937 N.Y.S.2d 63

2011 NY Slip Op 9603

GREGORY C. MIGLINO, JR., Respondent, v. BALLY TOTAL FITNESS OF GREATER NEW YORK, INC., et al., Appellants.

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

Decided December 27, 2011.


Attorney(s) appearing for the Case

Morrison Mahoney, LLP, New York City ( Demi Sophocleous of counsel), for appellants.

Scott E. Charnas , New York City, and ( John V. Decolator , Garden City, for respondent.

SKELOS, J.P., LEVENTHAL and AUSTIN, JJ., concur.


OPINION OF THE COURT

SGROI, J.

On this appeal we consider whether General Business Law § 627-a, which mandates that certain health clubs in the State of New York provide an automated external defibrillator device, as well as a person trained in its use, also imposes an affirmative duty of care upon the facility so as to give rise to a cognizable statutory cause of action in negligence for failure to use the device. We conclude that such a cause of action...

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