| Castiglione v Kruse |
| 2016 NY Slip Op 03549 [27 NY3d 1018] |
| May 5, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 22, 2016 |
| Marie Castiglione et al., Respondents, v Robert Kruse et al., Appellants. |
Decided May 5, 2016
Castiglione v Kruse, 130 AD3d 957, reversed.
Picciano & Scahill, P.C., Westbury (Andrea E. Ferrucci of counsel), for appellants.
Blackstone Law Group LLP, New York City (Justin B. Perri and Alexander J. Urbelis of counsel), and Michael S. Langella, P.C., Hauppauge, for respondents.
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, plaintiffs' motion for summary judgment on the issue of liability denied, and certified question answered in the negative. On this record, triable questions of fact preclude summary judgment in plaintiffs' favor.
Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.