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CASTIGLIONE v. KRUSE

No. 124 SSM 7

27 N.Y.3d 1018 (2016)

52 N.E.3d 243

32 N.Y.S.3d 579

2016 NY Slip Op 03549

MARIE CASTIGLIONE et al., Respondents, v. ROBERT KRUSE et al., Appellants.

Court of Appeals of New York.

Decided May 5, 2016.

Attorney(s) appearing for the Case

Picciano & Scahill, P.C., Westbury (Andrea E. Ferrucci of counsel), for appellants.

Blackstone Law Group LLP, New York City (Justin B. Perri and Alexander J. Urbelis of counsel), and Michael S. Langella, P.C., Hauppauge, for respondents.

Concur: Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA.

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, plaintiffs' motion for summary judgment on the issue of liability denied, and certified question answered in the negative. On this record, triable questions of fact preclude summary judgment in plaintiffs...

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