No. 2007-05410. December 16, 2008. APPEAL from an order of the Supreme Court, Nassau County (Thomas P. Phelan, J.), entered May 2, 2007. The order granted plaintiff's motion for leave to amend the complaint, which was treated by the court as a motion for leave to replead the first cause of action and certain portions of the second cause of action. Janssen v Incorporated Vil. of Rockville Ctr., 2007 NY Slip Op 34398(U), affirmed. Ruffo Tabora Mainello McKay, P.C., Lake Success ( Damien M. Bielli of

No. 2666. June 3, 2010. Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered October 19, 2009, which denied plaintiffs motion for partial summary judgment on the issue of liability and granted defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Decolator, Cohen DiPrisco, LLP, Garden City (David Stanton Gould of counsel), for appellant. Morgan Melhuish Abrutyn, New York (Douglas S. Langholz of counsel), for respondents. Before:

No. 178 SSM 18. Decided June 14, 2011. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered June 3, 2010. The Appellate Division affirmed an order of the Supreme Court, New York County (Marylin G. Diamond, J.; op 26 Misc 3d 418), which had denied a motion by plaintiff for partial summary judgment on the issue of liability, and granted a cross motion by defendants for summary judgment dismissing the complaint

Nos. 502903, 504292. July 17, 2008. Appeals (1) from an order of the Supreme Court (Coccoma, J.), entered February 5, 2007 in Delaware County, which granted a motion by defendant Bronxville Elementary School for summary judgment dismissing the complaint against it, and (2) from an order of said court, entered December 10, 2007 in Delaware County, which, among other things, granted defendant Nancy Keck's cross motion for summary judgment dismissing the complaint against her. Jacobs Jacobs, Stamford

109041/05. January 20, 2011. DECISION/ORDER LOUIS B. YORK, J.S.C.: Defendant, Bally Total Fitness Corporation, runs various health club locations throughout the nation, including one located at 33 LeCount Place, New Rochelle, NY (New Rochelle Club). On August 7, 2002 during the early afternoon, Plaintiff, Rayford Wayne Chappill, suffered a cardiac arrest at the New Rochelle Club. Upon learning of the incident, the front desk receptionist called 911. Upon learning of the incident, a police officer

April 24, 1946. Sol Koenigsberg for plaintiff. Julian I. Bergoffen for defendant. DI PIRRO, J. This action is predicated in negligence based upon the alleged failure of defendant to furnish "medical aid and assistance" to the plaintiff after plaintiff had sustained a fall and received various injuries while a patron in the defendant's establishment. The action is a novel one and there is a dearth of authority on this particular subject. The facts, briefly stated, are that on September 22, 1945, the

1. Except as provided in subdivision six of section six thousand six hundred eleven, subdivision two of section six thousand five hundred twenty-seven, subdivision one of section six thousand nine hundred nine and sections six thousand five hundred forty-seven and six thousand seven hundred thirty-seven of the education law, any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a

(a) Good Samaritan protections regarding AEDs Except as provided in subsection (b), any person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency is immune from civil liability for any harm resulting from the use or attempted use of such device; and in addition, any person who acquired the device is immune from such liability, if the harm was not due to the failure of such acquirer of the device- (1) to notify local emergency response