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MATTES v. C.R. BARD, INC.

295 A.D.2d 324 (2002)

743 N.Y.S.2d 881

ELEANOR MATTES et al., Respondents, v. C.R. BARD, INC., Appellant, et al., Defendant.

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

Decided June 3, 2002.

Ordered that the order is affirmed, with costs.

It is well settled that the proponent of a summary judgment motion has the burden of establishing its prima facie entitlement to judgment as a matter of law by presenting sufficient evidence to eliminate any triable issue of fact (see Zuckerman v City of New York, 49 N.Y.2d 557, 562). The defendant C.R. Bard, Inc. (hereinafter the defendant) failed to sustain its burden of establishing...

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