10 Cited authorities

Vucetovic v. Epsom Downs
2008 N.Y. Slip Op. 4901 (N.Y. 2008) Cited 334 times
In Vucetovic, the plaintiff was injured when he stepped into a tree well and tripped on one of the cobblestones surrounding the dirt area.
Digiulio v. Gran, Inc.
74 A.D.3d 450 (N.Y. App. Div. 2010) Cited 13 times
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:
Rutnik v. Colonie Center Court Club Inc.
249 A.D.2d 873 (N.Y. App. Div. 1998) Cited 25 times
Holding that a racquetball club was not negligent for not having a defibrillator on site for emergency use
McDaniel v. Keck
53 A.D.3d 869 (N.Y. App. Div. 2008) Cited 5 times
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
Chappill v. Bally Total Fitness Corp.
2011 N.Y. Slip Op. 30146 (N.Y. Sup. Ct. 2011) Cited 1 times
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
Stewart v. Carrion
80 A.D.3d 417 (N.Y. App. Div. 2011) Cited 1 times
No. 3604. January 4, 2011. Determination of respondent Commissioner of the New York State Office of Children and Family Services, dated January 27, 2009, which, after a fair hearing pursuant to Social Services Law § 422 (8) (b), denied petitioner's request to expunge a report of maltreatment maintained in the New York State Central Register of Child Abuse and Maltreatment, unanimously annulled, without costs, the petition in this proceeding brought pursuant to CPLR article 78 (transferred to this
Putrino v. Buffalo Athletic Club
193 A.D.2d 1127 (N.Y. App. Div. 1993) Cited 8 times
In Putrino, Rutnick and Digiulio, the courts considered whether the health club defendants were entitled to summary judgment.
Salvia v. Long Island Railroad
207 A.D.2d 534 (N.Y. App. Div. 1994)
August 29, 1994 Appeal from the Supreme Court, Nassau County (Kohn, J.). Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion granted and the third-party complaint is dismissed insofar as it is asserted against the appellant, and the third-party action against the remaining third-party defendant is severed. While drinking beer with the third-party defendants William Istel and Stephen Marcotte on the railroad tracks of the Long Island Railroad (hereinafter
Rodriguez v. Health Hosps
132 Misc. 2d 705 (N.Y. Misc. 1986) Cited 4 times
Holding a physician who arranged for a neighbor to be taken to a hospital rendered emergency treatment at the scene of an accident or other emergency within meaning of the Good Samaritan law
Tedla v. Ellman
280 N.Y. 124 (N.Y. 1939) Cited 58 times
Noting that "the Legislature may by statute prescribe additional safeguards and may define duty and standard of care []and when the Legislature has spoken, the standard of care is no longer what the reasonably prudent man would do under the circumstances but what the Legislature has commanded"

Gregory C. Miglino, Jr.,, Respondent,v.Bally Total Fitness of Greater New York, Inc., Appellant, et al., Defendant.

10 Cited authorities

In Vucetovic, the plaintiff was injured when he stepped into a tree well and tripped on one of the cobblestones surrounding the dirt area.

Holding that a racquetball club was not negligent for not having a defibrillator on site for emergency use

In Putrino, Rutnick and Digiulio, the courts considered whether the health club defendants were entitled to summary judgment.

Holding a physician who arranged for a neighbor to be taken to a hospital rendered emergency treatment at the scene of an accident or other emergency within meaning of the Good Samaritan law

Noting that "the Legislature may by statute prescribe additional safeguards and may define duty and standard of care []and when the Legislature has spoken, the standard of care is no longer what the reasonably prudent man would do under the circumstances but what the Legislature has commanded"