Coffed v McCarthy

Coffed v McCarthy 2017 NY Slip Op 03443 Decided on May 2, 2017 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 2, 2017
No. 44

[*1]Susan M. Coffed, as Administrator of the Estate of James B. Coffed, Deceased, Appellant,

v

John N. McCarthy et al., Respondents.

Angelo S. Gambino, for appellant.

Nicole B. Palmerton, for respondents.

MEMORANDUM:

The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment denied. The record discloses triable issues of material [*2]fact that preclude summary judgment.

* * * * * * * * * * * * * * * * *

Order reversed, with costs, and defendants' motion for summary judgment denied, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Garcia and Wilson concur. Judge Fahey took no part.

Decided May 2, 2017