CATALANO v. TANNER

No. 174 SSM 9.

23 N.Y.3d 976 (2014)

11 N.E.3d 1112

989 N.Y.S.2d 9

2014 NY Slip Op 4045

JOSEPH CATALANO et al., Appellants, v. LAURIE TANNER, Individually and Doing Business as DAN'S RESTAURANT, Respondent.

Court of Appeals of New York.

Decided June 5, 2014.


Attorney(s) appearing for the Case

Shaw & Shaw, PC., Hamburg ( Jacob A. Piorkowski of counsel), for appellants.

Barth Sullivan Behr, Buffalo ( Laurence D. Behr of counsel), for respondent.


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 defendant's motion for summary judgment denied. Defendant failed to establish prima facie entitlement to judgment as a matter of law concerning the reasonableness of her inspection practices.

Concur: Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and...

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