Bright v McGowan, 14 NY3d 745 (2010)

2010 NY Slip Op 01350 [14 NY3d 745]
February 16, 2010
Court of Appeals

[*1]

In the Matter of Travis J. Bright, an Infant, by His Parent and Guardian, Gary Bright, et al., Appellants,
v
Nancy E. McGowan et al., Respondents, et al., Defendant.

Decided February 16, 2010

Bright v McGowan, 63 AD3d 1239, reversed.

{**14 NY3d at 746} 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, and defendants’ motion for summary judgment denied. In opposition to defendants’ prima facie case, plaintiffs raised a triable issue of fact.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.