Bernard v. Mumuni

New York Court of Appeals

Bernard v. Mumuni

850 N.E.2d 25, 6 N.Y.3d 881, 817 N.Y.S.2d 210

New York Court of Appeals·Decided May 9, 2006·Published·Cited by 13 cases

Opinion

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 af *883 firmed, with costs, and certified question answered in the affirmative, for the reasons stated in the opinion by Justice David Friedman at the Appellate Division (22 AD3d 186).

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read. Judge R.S. Smith dissents and votes to reverse for the reasons stated in the dissenting opinion by Justice John W Sweeny at the Appellate Division (22 AD3d 186, 191-193).

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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 af *883 firmed, with costs, and certified question answered in the affirmative, for the reasons stated in the opinion by Justice David Friedman at the Appellate Division (22 AD3d 186).

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read. Judge R.S. Smith dissents and votes to reverse for the reasons stated in the dissenting opinion by Justice John W Sweeny at the Appellate Division (22 AD3d 186, 191-193).

Bernard v. Mumuni, 850 N.E.2d 25, 6 N.Y.3d 881, 817 N.Y.S.2d 210 (N.Y. 2006).

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Opinion

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