PHILLIPS v. PICKER INT'L, INC.


179 A.D.2d 1057 (1992)

Debbie Phillips, as Administratrix of The Estate of Arlene R. Felmlee, Deceased, Respondent, v. Picker International, Inc., Appellant, and Olean General Hospital et al., Respondents

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

January 31, 1992


Order unanimously affirmed with costs.

Memorandum:

Upon trial of this products liability action, it will be incumbent upon plaintiff to establish that the product was defective; nevertheless, the burden, on this summary judgment motion brought by defendant, is upon defendant to show that plaintiff has no cause of action. Defendant has failed to meet that burden by failing to submit evidence showing that its product was...

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