Cite as: DiGiulio v. Gran, Inc., Index 178, NYLJ 1202497261634, at *1 (Ct. of App., Decided June 14, 2011)

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided June 14, 2011

Submitted by David S. Gould, for appellant.

Submitted by Douglas S. Langholz, for respondents.

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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

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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.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.