Plaintiff was injured when, in attempting to take down a bottle of muriatic acid from a high shelf at defendant's store, the contents of the bottle, which unbeknownst to plaintiff was not securely capped, spilled on him. Summary judgment dismissing plaintiff's consequent negligence action was properly denied since Pergament did not meet its burden, as movant, of tendering sufficient competent proof to establish a prima facie entitlement to judgment in its favor as a matter...
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