Applewhite v. Accuhealth, Inc.

New York Court of Appeals · Decided 2013-06-25

Cited by 675 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

Smith, J. (concurring). I concur in the result, but not the reasoning, of the majority opinion. I am unable to find in this record evidence either of a promise (implicit or explicit) by the EMTs to do anything other than what they in fact did, or of any justifiable reliance by either plaintiff on such a promise. I would vote to dismiss the complaint if I thought, as the majority does, that the EMTs were performing a government…

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