GARCIA v. PEPE


11 A.D.3d 654 (2004)

783 N.Y.S.2d 406

RAUL GARCIA et al., Appellants, v PETER PEPE, JR., et al., Defendants, and JWS TECHNOLOGIES, Respondent.

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

October 25, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant JWS Technologies (hereinafter JWS) submitted prima facie evidence that its alleged negligence concerning leaked gas from canisters was not a substantial cause of the subject accident (see Cruz v City of New York, 6 A.D.3d 644 [2004]). To raise an issue of fact concerning proximate cause, a plaintiff must demonstrate that the defendant's...

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