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MATUSZAK v. B.R.K. BRANDS, INC.

23 A.D.3d 628 (2005)

804 N.Y.S.2d 814

EDWARD MATUSZAK et al., Appellants, v. B.R.K. BRANDS, INC., Respondent.

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

November 28, 2005.

The defendant established its prima facie entitlement to summary judgment by proffering, inter alia, documentary evidence that the subject fire was not caused by its rechargeable First Alert flashlight, but by a clothes dryer. In opposition, the plaintiffs failed to raise a triable issue of fact.

Moreover, the plaintiffs certified this matter as trial ready, filed a note of issue, voiced no objection to the manner in which...

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