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COFFED v. McCARTHY

No. 44.

29 N.Y.3d 978 (2017)

74 N.E.3d 671

52 N.Y.S.3d 287

2017 NY Slip Op 03443

SUSAN M. COFFED, as Administrator of the Estate of JAMES B. COFFED, Deceased, Appellant, v. JOHN N. McCARTHY et al., Respondents.

Court of Appeals of New York.

Decided May 2, 2017.

Attorney(s) appearing for the Case

Brown Chiari LLP, Buffalo ( Angelo S. Gambino of counsel), for appellant.

Adams, Hanson, Rego & Kaplan, Williamsville ( Nicole B. Palmerton of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment denied. The record discloses triable issues of material fact that preclude summary judgment.

Chief Judge DiFIORE and Judges RIVERA, STEIN, GARCIA and WILSON concur; Judge FAHEY taking no part.

Order reversed, with costs, and defendants' motion for summary judgment denied, in...

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