| Bright v McGowan |
| 2010 NY Slip Op 01350 [14 NY3d 745] |
| February 16, 2010 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 28, 2010 |
| 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
Bright v McGowan, 63 AD3d 1239, reversed.
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.
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.