PENNA v. CITY OF NEW YORK


248 A.D.2d 692 (1998)

671 N.Y.S.2d 274

Thomas J. Penna, Respondent, v. City of New York et al., Defendants, and Hyster Co., Appellant

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

March 30, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

Since the appellant made a prima facie showing that there was no defect in the product in question, the opponents of its cross motion for summary judgment were required to submit evidentiary facts by expert affidavit demonstrating...

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