NEGLIGENCE -AFFIRMATIVE DUTY TO AID OTHERS

The plaintiff alleged that his intestate was taken ill while in the defendant's store. The defendant placed her in an infirmary and there left her for six hours without further medical care. By reason of the lack of medical care the plaintiff's intestate died. On appeal from the lower court's denial of the defendant's motion to dismiss the complaint, held that the complaint stated a cause of action.

The court assumed that the defendant owed no duty to the intestate to render her any assistance whatsoever, but that upon placing her in the infirmary the defendant assumed the undertaking to give her medical aid. Therefore the defendant was under a duty to render such assistance as an ordinary man would in performing the task. Zelenko v. Gimbel Bros. Inc., 158 Misc.

904, 287 N. Y. S. 134 (1935).