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BROOKS v. APRIL

No. 109 SSM 10.

31 N.Y.3d 1102 (2018)

104 N.E.3d 734

79 N.Y.S.3d 630

2018 NY Slip Op 04277

TARA KEATING BROOKS et al., Appellants, v. ROBERT S. APRIL, M.D., et al., Respondents.

Court of Appeals of New York.

Decided June 12, 2018.

Attorney(s) appearing for the Case

Kelner and Kelner, New York City ( Gerard K. Ryan, Jr. , of counsel), for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City ( Judy C. Selmeci 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 order of Supreme Court, New York County, reinstated. Plaintiffs' submissions rebutted defendants' prima facie showing of entitlement to summary judgment and raised triable issues of fact (see Burns v Goyal, 30 N.Y.3d 956

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