KUPFERSTEIN v. CITY OF NEW YORK

Motion No: 570989/12.

101 A.D.3d 952 (2012)

957 N.Y.S.2d 200

2012 NY Slip Op 8698

IRIS KUPFERSTEIN, Respondent, v. CITY OF NEW YORK, Appellant.

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

December 19, 2012.


Ordered that the order is reversed, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.

On October 1, 2006, the plaintiff's decedent suffered an asthma attack in his apartment and called 911. When a "Basic Life Support" ambulance arrived at the scene, the decedent was barely breathing. He later became unconscious. The emergency medical technicians requested an "Advanced Life Support...

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