Brooks v. April
This text of 31 N.Y.3d 1102 (Brooks v. April) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Brooks v April (2018 NY Slip Op 04277)
| Brooks v April |
| 2018 NY Slip Op 04277 [31 NY3d 1102] |
| June 12, 2018 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 22, 2018 |
[*1]
| Tara Keating Brooks et al., Appellants, v Robert S. April, M.D., et al., Respondents. |
Decided June 12, 2018
Brooks v April, 154 AD3d 564, reversed.
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.
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 NY3d 956 [2017]). On this record, triable issues of fact preclude summary judgment in favor of defendants.
Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.
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31 N.Y.3d 1102, 2018 NY Slip Op 04277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-april-ny-2018.