Shek v Gachineiro
2019 NY Slip Op 03453 [172 AD3d 414]
May 2, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 3, 2019


[*1]
 Sau-Kuen Shek, Respondent,
v
Stefanie M. Gachineiro, Appellant, et al., Defendant.

McCabe, Collins, McGeough, Fowler, Levine & Nogan, LLP, Carle Place (Barry L. Manus of counsel), for appellant.

Caesar and Napoli, P.C., New York (Kelsey M. Crowley of counsel), for respondent.

Order, Supreme Court, New York County (Adam Silvera, J.), entered on or about November 7, 2018, which granted plaintiff's motion for partial summary judgment on the issue of liability as against defendant Gachineiro, unanimously reversed, on the law, without costs.

Plaintiff established her prima facie entitlement to judgment as a matter of law on the issue of liability.

In opposition, Gachineiro's affidavit raised a triable issue of fact. We note that depositions have not yet been held. Concur—Acosta, P.J., Friedman, Manzanet-Daniels, Gesmer, Singh, JJ. [Prior Case History: 2018 NY Slip Op 32826(U).]