| Coffed v McCarthy |
| 2017 NY Slip Op 03443 [29 NY3d 978] |
| May 2, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, May 31, 2017 |
| Susan M. Coffed, as Administrator of the Estate of James B. Coffed, Deceased, Appellant, v John N. McCarthy et al., Respondents. |
Argued March 23, 2017; decided May 2, 2017
Coffed v McCarthy, 130 AD3d 1436, reversed.
Brown Chiari LLP, Buffalo (Angelo S. Gambino of counsel), for appellant.
Adams, Hanson, Rego & Kaplan, Williamsville (Nicole B. Palmerton of counsel), 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.
Chief Judge DiFiore and Judges Rivera, Stein, Garcia and Wilson concur; Judge Fahey taking no part.
Order reversed, with costs, and defendants' motion for summary judgment denied, in a memorandum.