Elliott v. Butler , 8 N.Y.3d 972 ( 2007 )

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 reversed, without costs, and matter remitted to Supreme Court, Albany County, for a traverse hearing. The parties’ submissions on the motion to dismiss raise issues of fact requiring a traverse hearing.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.