McGOWAN v. SEARS ROEBUCK & CO.


167 A.D.2d 652 (1990)

John M. McGowan, Appellant, v. Sears Roebuck & Company, Respondent

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

November 8, 1990


Even if it is assumed that plaintiff presented sufficient evidence linking defendant to the application of the pesticide at issue and that such application was negligent, the evidence submitted by defendant in opposition to plaintiff's motion for summary judgment was sufficient to raise triable issues of fact to warrant denial of the motion (see, MTB Computer Corp. v Chase Manhattan Bank, 135 A.D.2d 616; see also, ...

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