Burns v Goyal, 30 NY3d 956 (2017)

2017 NY Slip Op 07162 [30 NY3d 956]
October 12, 2017
Court of Appeals

[*1]

Barbara Burns, Individually and as Executrix of Thomas J. Burns, Deceased, Appellant,
v
Sudhir Goyal et al., Defendants, and Rakesh B. Patel et al., Respondents.

Decided October 12, 2017

Burns v Goyal, 145 AD3d 952, modified.

{**30 NY3d at 957} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, with costs to plaintiff against defendants Rakesh B. Patel and Suffolk Heart Group, LLP and to defendants Michael Torelli and South Shore Family Practice Associates, P.C. against plaintiff, by denying the motion of defendants Rakesh B. Patel and Suffolk Heart Group, LLP for summary judgment and, as so modified, affirmed. On this record, triable questions of fact preclude summary judgment in favor of these defendants.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.