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Bright v. McGowan

14 N.Y.3d 745 Court N.Y. Decision date 2010-02-16 English

Contents

Majority

p. 745
[925 NE2d 81, 899 NYS2d 749]
Travis J. Bright, an Infant, by His Parent and Guardian, Gary Bright, et al., Appellants, v Nancy E. McGowan et al., Respondents, et al., Defendant.
Decided February 16, 2010
p. 746
APPEARANCES OF COUNSEL
Basch & Keegan, LLP, Kingston (Derek J. Spada of counsel), for appellants.
Gordon & Silber, P.C., New York City (Shadrach A. Stanleigh and Andrew B. Kaufman of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and defendants’ motion for summary judgment denied. In opposition to defendants’ prima facie case, plaintiffs raised a triable issue of fact.

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