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SCHALMAN v. AQUATIC RECREATIONAL MGT., INC.

160482/16. Appeal No. 13054. Case No. 2019-4315.

191 A.D.3d 447 (2021)

137 N.Y.S.3d 701

2021 NY Slip Op 00641

Lynne Schalman, Individually and as Executor of the Estate of Stephen Bergen, Deceased, Appellant, v. Aquatic Recreational Management, Inc., et al., Respondents, et al., Defendants.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Hasapidis Law Offices, South Salem ( Annette G. Hasapidis of counsel), for appellants.

Kaufman Borgeest & Ryan LLP, Valhalla ( Shannon Henderson of counsel), for Aquatic Recreational Management, Inc., respondent.

Dorf & Nelson, LLP, Rye ( Stephanie K. McDougall of counsel), for Rose Associates, Inc., 300 East 85th Street Housing Corp. and 300 E. 85th Street Housing Corp., respondents.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.

The motion court correctly determined that the duty of care owed to plaintiff's decedent by defendant Aquatic's lifeguard did not extend to anticipating and responding to a non-drowning emergency that arose from an undisclosed medical condition (see Hamilton v Beretta U.S.A. Corp., 96 N.Y.2d 222, 232 [2001]; Williams v City of New York, 71 A.D.3d 1135 [2d Dept 2010]). Nor did the employees...

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