Barry v Lee, 35 NY3d at 1050 (2020)

2020 NY Slip Op 04817 [35 NY3d 1050]
September 1, 2020
Court of Appeals

[*1]

In the Matter of Mamidou Barry, as Administrator of the Estate of Mariama Bah, Deceased, Respondent,
v
Christopher C. Lee, M.D., et al., Appellants.

Decided September 1, 2020

Barry v Lee, 180 AD3d 103, affirmed.

{**35 NY3d at 1050} 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 affirmed, with costs, and certified question answered in the affirmative. Plaintiff’s submissions rebutted defendants’ prima facie showing of entitlement to summary judgment and raised triable issues of fact. On this record, triable questions of fact preclude summary judgment in favor of defendants.

Concur: Judges Rivera, Stein, Fahey, Wilson and Feinman. Chief Judge DiFiore and Judge Garcia dissent for reasons stated in the dissenting opinion of Justice Anil C. Singh at the Appellate Division (see Barry v Lee, 180 AD3d 103, 108-114 [2019, Singh, J., dissenting]).