Digiulio v. Gran, Inc., 952 N.E.2d 1064 (NY 2011). · Go Syfert
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Digiulio v. Gran, Inc., 952 N.E.2d 1064 (NY 2011). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 4 distinct courts.
Strongest positive: Culley v. Edwards Manufacturing Company of Albert Lea (nysd, 2024-04-12)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Culley v. Edwards Manufacturing Company of Albert Lea
S.D.N.Y. · 2024 · confidence medium
Indeed, the New York Court of Appeals has expressly endorsed that failure-to-warn claims, regardless of whether asserted under a strict liability or negligence theory, are “functionally equivalent, as both forms of a failure-to-warn claim depend on the principles of reasonable and public policy at the heart of any negligence action.” Erazo, 2019 WL 1044365 , at *19 (quoting In re New York Asbestos Litig., 17 N.Y.3d 765, 787 (N.Y. 2016)).
cited Cited as authority (rule) Miglino v. Bally Total Fitness of Greater New York, Inc.
N.Y. App. Div. · 2011 · confidence medium
Defendants also did not breach any common-law duty to render aid to the decedent” (DiGiulio v Gran, Inc., 17 NY3d 765, 767 [2011]).
cited Cited "see" Hamlin v. PFNY, LLC
N.Y. App. Div. · 2020 · signal: see · confidence high
The Court of Appeals has referred to this limited duty as the health club's "common-law duty to render aid" ( id. at 351 ; see Digiulio v Gran, Inc ., 17 NY3d 765 ).
discussed Cited "see, e.g." Ingram v. Life Fitness
N.Y. App. Div. · 2016 · signal: see also · confidence low
Given plaintiff’s familiarity with the use and operation of treadmills, she assumed the obvious and inherent risks attendant to their use (see id. at 484 ; DiBenedetto v Town Sports Intl., LLC, 118 AD3d 663 [2d Dept 2014]; Davis v Town Sports Intl., 49 Misc 3d 128[A] , 2015 NY Slip Op *629 51393 [U] [App Term, 1st Dept 2015]; see also Digiulio v Gran, Inc., 74 AD3d 450 [1st Dept 2010], affd 17 NY3d 765 [2011]).
Retrieving the full opinion text from the archive…
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.)
178 SSM 18.
New York Court of Appeals.
Jun 14, 2011.
952 N.E.2d 1064
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.
Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur.
Cited by 10 opinions  |  Published

[*767] OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

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.

Plaintiffs 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.