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BARRY v. LEE

No. 82 SSM 12.

35 N.Y.3d 1050 (2020)

151 N.E.3d 949

128 N.Y.S.3d 175

2020 NY Slip Op 04817

MAMIDOU BARRY, as Administrator of the Estate of MARIAMA BAH, Deceased, Respondent, v. CHRISTOPHER C. LEE, M.D., et al., Appellants.

Court of Appeals of New York.

Decided September 1, 2020.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City ( Judy C. Selmeci of counsel), for appellants.

Landers & Cernigliaro, P.C., Carle Place ( Stanley A. Landers 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 affirmed, with costs, and certified question answered in the affirmative. Plaintiff's submissions rebutted defendants' prima facie showing of entitlement to summary judgment and raised triable issues of fact. On this record, triable questions of fact preclude summary judgment in favor of defendants.

Concur: Judges RIVERA...

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