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Catalano v. Tanner

23 N.Y.3d 976 Court N.Y. Decision date 2014-06-05 English

Judges Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.

Contents

Majority

p. 976
[11 NE3d 1112, 989 NYS2d 9]
Joseph Catalano et al., Appellants, v Laurie Tanner, Individually and Doing Business as Dan’s Restaurant, Respondent.
Decided June 5, 2014
p. 977
APPEARANCES OF COUNSEL
Shaw & Shaw, P.C., Hamburg (Jacob A. Piorkowski of counsel), for appellants.
Barth Sullivan Behr, Buffalo (Laurence D. Behr of counsel), for respondent.

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 defendant’s motion for summary judgment denied. Defendant failed to establish prima facie entitlement to judgment as a matter of law concerning the reasonableness of her inspection practices.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.