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BARRY v. LEE (2020)

Court of Appeals of New York.

Mamidou BARRY, as Administrator of the Estate of Mariama Bah, Deceased, Respondent, v. Christopher C. LEE, M.D., et al, Appellants.

Decided: September 01, 2020

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, 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.

Judges Rivera, Stein, Fahey, Wilson and Feinman concur. Chief Judge DiFiore and Judge Garcia dissent for reasons stated in the dissenting opinion of Justice Anil C. Singh at the Appellate Division (see Barry v. Lee, 180 A.D.3d 103, 108–114, 115 N.Y.S.3d 314 [2019] [Singh, J., dissenting] ).

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BARRY v. LEE (2020)

Decided: September 01, 2020

Court: Court of Appeals of New York.

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