Carrion v Faulkner, 27 NY3d at 981 (2016)

2016 NY Slip Op 03214 [27 NY3d 980]
April 28, 2016
Court of Appeals

[*1]

In the Matter of Luis Carrion, Appellant,
v
John Faulkner, Individually and Doing Business as Falcon Mews Associates, et al., Respondents.

Decided April 28, 2016

Carrion v Faulkner, 129 AD3d 456, reversed.

{**27 NY3d at 981} 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. On this record, material questions of fact exist and, therefore, summary judgment for defendants was inappropriate.

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