Brooks v April

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Brooks v April 2018 NY Slip Op 04277 Decided on June 12, 2018 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 12, 2018
No. 109 SSM 10

[*1]Tara Keating Brooks, et al., Appellants,

v

Robert S. April, M.D., et al., Respondents.



Submitted by Gerard K. Ryan, Jr., for appellants.

Submitted by Judy C. Selmeci, for respondents.



On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and order of Supreme Court, New York County, reinstated. Plaintiffs' submissions rebutted defendants' prima facie showing of entitlement to summary judgment and raised triable issues of fact (see Burns v Goyal, 30 NY3d 956 [2017]). On this record, triable issues of fact preclude summary judgment in favor of defendants. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided June 12, 2018