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KEYS v. ARNOLD'S MEAT FOOD PRODS., INC.

155 A.D.2d 355 (1989)

Khadijah A. S. Keys, Plaintiff, v. Arnold's Meat Food Products, Inc., Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Utica H. Brisket Corp., Third-Party Defendant-Appellant, et al., Third-Party Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 21, 1989

Trial Term held, and we agree, that the equivocal expert testing laboratory's report on the offending product, and the appellant's conclusory denial of supplying such product to the third-party plaintiff, did not provide a sufficient evidentiary showing as to negate the existence of any issues of fact, and to entitle it to summary judgment (Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851<...

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