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MARKS-BARCIA v. VILLAGE OF SLEEPY HOLLOW AMBULANCE CORPS

2017-03681. Index No. 69941/14.

183 A.D.3d 883 (2020)

2020 NY Slip Op 03007

Kathlene Marks-Barcia, Appellant, v. Village of Sleepy Hollow Ambulance Corps et al., Respondents.

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

Decided May 27, 2020.

Ordered that the order is affirmed, with costs.

In the early morning hours of September 15, 2013, the plaintiff awoke to the sound of her husband, Nicholas A. Barcia, gasping for air. She called the 911 emergency number, and Police Officer Craig Kelly of the defendant Village of Sleepy Hollow Police Department (hereinafter SHPD) answered her call. The plaintiff informed Officer Kelly that her husband was having a medical emergency, to which Officer Kelly responded...

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