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WANG v. ALEXANDER'S DEP'T STORE, INC.

247 A.D.2d 467 (1998)

668 N.Y.S.2d 104

Shanley Wang, an Infant, by His Mother and Natural Guardian Yin Ye Wang, et al., Appellants, v. Alexander's Department Store, Inc., et al., Respondents, et al., Defendant

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

February 9, 1998

Ordered that the order is affirmed, with one bill of costs.

The respondents' submissions demonstrated that the plaintiffs were unable to establish how the infant-plaintiff's accident occurred or even to connect the accident to any negligence on the part of the respondents. The burden therefore shifted to the plaintiffs to "produce evidentiary proof in admissible form sufficient to require a trial of material questions of fact" (Zuckerman v City of New York...

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