Coffed v McCarthy, 29 NY3d 978 (2017)

2017 NY Slip Op 03443 [29 NY3d 978]
May 2, 2017
Court of Appeals

[*1]

Susan M. Coffed, as Administrator of the Estate of James B. Coffed, Deceased, Appellant,
v
John N. McCarthy et al., Respondents.

Argued March 23, 2017; decided May 2, 2017

Coffed v McCarthy, 130 AD3d 1436, reversed.

{**29 NY3d at 978} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendants’ motion for summary judgment denied. The record discloses triable issues of material [*2]fact that preclude summary judgment.

Chief Judge DiFiore and Judges Rivera, Stein, Garcia and Wilson concur; Judge Fahey taking no part.

Order reversed, with costs, and defendants’ motion for summary judgment denied, in a memorandum.