REYES v. RENTAR DEV.


207 A.D.2d 336 (1994)

615 N.Y.S.2d 425

Dominique Reyes, an Infant, by Her Parent and Natural Guardian, Lucy Reyes, et al., Appellants, v. Rentar Development et al., Respondents

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

August 1, 1994


Ordered that the order is affirmed, with costs to Otis Elevator Corp.

The defendants met their initial burden of establishing their entitlement to summary judgment by submitting the deposition testimony of the infant plaintiffs' mother Lucy Reyes, who was completely unable to explain how the infant plaintiff's accident occurred, or to connect the accident to any negligence on the part of the defendants. The burden thus shifted to the plaintiffs to "produce evidentiary...

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