EVANS v. BIRO MANUFACTURING COMPANY


289 A.D.2d 187 (2001)

735 N.Y.S.2d 384

RICHARD EVANS et al., Respondents, v. BIRO MANUFACTURING COMPANY, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided December 27, 2001.


The affidavit submitted by defendant's president in support of the motion, which relies primarily on plaintiff's deposition testimony to show that the product in question was poorly maintained by plaintiff's employer and virtually "falling apart" by the time of the accident, simply does not address the safety of the product as designed, and is otherwise insufficient to shift to plaintiff the burden of coming forward with evidence of design defects (see, Alvarez v Prospect...

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