| DiGiulio v Gran, Inc. |
| 2011 NY Slip Op 05117 [17 NY3d 765] |
| June 14, 2011 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, September 7, 2011 |
| Louise DiGiulio, Individually and as Executrix of Albert DiGiulio, Deceased, Appellant, v Gran, Inc., Doing Business as New York Health & Racquet Club, et al., Respondents. (And a Third-Party Action.) |
Decided June 14, 2011
Digiulio v Gran, Inc., 74 AD3d 450, affirmed.
APPEARANCES OF COUNSEL
Decolator, Cohen & DiPrisco, Garden City (David S. Gould of counsel), for appellant.
Morgan Melhuish Abrutyn, New York City (Douglas S. Langholz of counsel), for respondents.
Memorandum.
The order of the Appellate Division should be affirmed, with costs. [*2]
Assuming arguendo that General Business Law § 627-a implicitly created a duty for defendants to use the automated external defibrillator (AED) the section required them to provide at their facility, plaintiff cannot recover because she failed to raise a triable issue of fact demonstrating that defendants' or their employees' failure to access the AED was grossly negligent (see General Business Law § 627-a [3]; Public Health Law § 3000-a). Defendants also did not breach any common-law duty to render aid to the decedent.
Plaintiff's remaining contention lacks merit.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.