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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

New York Court of Appeals2010-02-16
14 N.Y.3d 745899 N.Y.S.2d 749925 N.E.2d 81

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Opinion

majority opinion

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.