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TORRES v. INDUSTRIAL CONTAINER

305 A.D.2d 136 (2003)

760 N.Y.S.2d 128

AIDA TORRES et al., Respondents, v. INDUSTRIAL CONTAINER, Defendant, and CHEMICAL PRODUCTS CORPORATION, Appellant. (And a Third-Party Action.)

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

Decided May 6, 2003.

Appellant cannot obtain summary judgment by pointing to gaps in plaintiffs' proof. Rather, appellant must adduce affirmative evidence that the metal drum in question, which bore a label reading "sodium sulfide," was not involved in the accident, did not contain sodium sulfide or was not manufactured by it (see Antonucci v Emeco Indus., 223 A.D.2d 913, 914 [1996]). This it failed to do. Accordingly, the motion must be denied regardless...

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