TOOKER v. TOOKER

In light of the unresolved factual questions concerning whether Mrs. Alice Bisbane Tooker undertook the duty to provide medical care for Mr. Tooker while he was at home after he was rendered a quadriplegic in an automobile accident and whether she performed said duty negligently, summary judgment was appropriately denied. (See, e.g., Thibault v Franzese, 24 A.D.2d 903.)

Concur — Murphy, P.J., Milonas, Kupferman, Ross and Nardelli, JJ.