February 16, 2010
TRAVIS J. BRIGHT, &C., ET AL., APPELLANTS,
NANCY E. MCGOWAN ET AL., RESPONDENTS, TOWN OF DELAWARE, DEFENDANT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and defendants' motion for summary judgment denied. In opposition to defendants' prima facie case, plaintiffs raised a triable issue of fact.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
© 1992-2010 VersusLaw Inc.