Bernard v. Mumuni, 6 N.Y.3d 881

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 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).

Case Details

Case Name: Bernard v. Mumuni

Court Name: New York Court of Appeals

Date Published: May 9, 2006

Citations: 6 N.Y.3d 881; 850 N.E.2d 25; 817 N.Y.S.2d 210

Court Abbreviation: N.Y.