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O'LEARY v. GREENPORT FIRE DEPARTMENT

276 A.D.2d 539 (2000)

714 N.Y.S.2d 451

JOSEPH G. O'LEARY, Individually and as Administrator of the Estate of ROSEMARIE O'LEARY, Deceased, Appellant, v. GREENPORT FIRE DEPARTMENT et al., Respondents, et al., Defendants. (Action No. 1.) JOSEPH G. O'LEARY, Individually and as Administrator of the Estate of ROSEMARIE O'LEARY, Deceased, Plaintiff, v. GATEWOOD EMERGENCY SERVICES OF NEW YORK, P. C., Formerly Known as COOPER EMERGENCY SERVICES OF NEW YORK, INC., et al., Defendants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 10, 2000.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contentions, they failed to demonstrate the existence of any genuine issue of fact to rebut the respondents' prima facie showing of entitlement to judgment as a matter of law. Pursuant to Public Health Law § 3013 (1), the respondents could be held liable only if their emergency medical technicians were grossly negligent in rendering emergency medical assistance...

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