Castiglione v Kruse

Castiglione v Kruse 2016 NY Slip Op 03549 Decided on May 5, 2016 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 5, 2016
No. 124 SSM 7

[*1]Marie Castiglione, et al., Respondents,

v

Robert Kruse, et al., Appellants.

Submitted by Andrea E. Ferrucci, for appellants.

Submitted by Justin B. Perri, for respondents.

On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, plaintiffs' motion for summary judgment on the issue of liability denied, and certified question answered in the negative. On this record, triable questions of fact preclude summary judgment in plaintiffs' favor. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided May 5, 2016