In order to make out a prima facie case, the plaintiff must demonstrate that the defendant owed a duty to the plaintiff; that the defendant breached that duty; and that the breach was a proximate cause of the plaintiff's injury. A duty may arise from negligent words or acts that induce reliance. There is no duty to come to the aid of a person in peril, whether the peril is medical or otherwise. However, a person who assumes a duty to act, even though gratuitously, may thereby become subject to the duty of acting carefully. The issue is whether the defendant's conduct put the plaintiff in a more vulnerable position than if the defendant had done nothing.
Bardio v. Rego II Borrower, LLC, NY Slip Op 00405 (2d Dep't February 1, 2023)
