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RIDGE v. GOLD

No. 213 SSM 28

26 N.Y.3d 1069 (2015)

44 N.E.3d 222

2015 NY Slip Op 09191

STEVEN C. RIDGE, Appellant, v. ALICE GOLD et al., Defendants, and JAY BRAYMILLER, Respondent.

Court of Appeals of New York.

Decided December 15, 2015.

Attorney(s) appearing for the Case

Gibson, McAskill & Crosby, LLP, Buffalo ( Timothy J. Graber of counsel), for appellant.

Sugarman Law Firm LLP, Buffalo ( Carlton K. Brownell, III of counsel), for respondent.

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

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), judgment insofar as appealed from and order of the Appellate Division brought up for review reversed, with costs, and motion of defendant Jay Braymiller for summary judgment dismissing the complaint denied. The record is inadequate to determine, as a matter of law, whether the issue of the occurrence...

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