1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 7 N.Y.3d
  5. 7 N.Y.3d 742 (2006)
 

RUGIERI v. BANNISTER

7 N.Y.3d 742 (2006)

853 N.E.2d 231

819 N.Y.S.2d 861

JOHN E. RUGIERI et al., as Guardians of JOSEPH RUGIERI, Respondents, v. MARIE BANNISTER et al., Appellants, et al., Defendant.

Court of Appeals of New York.

Decided June 29, 2006.

Attorney(s) appearing for the Case

Carol R. Finocchio, New York City, for Marie Bannister and another, appellants.

O'Connor, O'Connor, Hintz & Deveney, LLP, Melville (Michael T. Reagan of counsel), for Leann Cheek, appellant.

Seligson, Rothman & Rothman, New York City (Martin S. Rothman of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, with costs to defendant Cheek against the plaintiffs, by granting defendant Cheek's motion for summary judgment dismissing the complaint as against her and, as modified, affirmed, with costs to the plaintiffs against the Bannister defendants. The certified question should be answered in the negative.

Because plaintiffs did not establish a triable issue of fact...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases