Castiglione v Kruse, 27 NY3d at 1018 (2016)

2016 NY Slip Op 03549 [27 NY3d 1018]
May 5, 2016
Court of Appeals

[*1]

In the Matter of Marie Castiglione et al., Respondents,
v
Robert Kruse et al., Appellants.

Decided May 5, 2016

Castiglione v Kruse, 130 AD3d 957, reversed.

{**27 NY3d at 1018} 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 reversed, with costs, plaintiffs’ motion for summary judgment on the issue of liability denied, and certified question answered in the negative. On this record, triable questions of fact preclude summary judgment in plaintiffs’ favor.

Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.