MARSH v. CITY OF NEW YORK

2019-03540. Index No. 101947/13.

191 A.D.3d 973 (2021)

142 N.Y.S.3d 598

2021 NY Slip Op 08178

Denise Marsh et al., Appellants, v. City of New York et al., Defendants, and Staten Island University Hospital, Respondent.

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

Decided February 24, 2021.


Attorney(s) appearing for the Case

Efrom J. Gross ( Ephrem J. Wertenteil , New York, NY, of counsel), for appellants.

Gerspach Sikoscow LLP, New York, NY ( Alexander Sikoscow and Kristen J. Halford of counsel), for respondent.

Mastro, A.P.J., Rivera, Miller and Duffy, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The decedent was diagnosed with asthma at an early age and used a nebulizer as needed. On the evening of November 27, 2012, the decedent, then seven years old, told her mother, the plaintiff Denise Marsh, that she could not breathe, which prompted Marsh to administer the nebulizer treatment and call the 911 emergency number. Paramedics arrived shortly thereafter and transported the decedent to...

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