34 A.D.3d 759 (2006)

825 N.Y.S.2d 516

JOSE LOPEZ, Respondent, v. WS DISTRIBUTION, INC., Appellant.

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

Decided November 28, 2006.

Ordered that the order is affirmed, with costs.

The plaintiff established his prima facie entitlement to summary judgment on the issue of liability through his affidavit wherein he set forth that he was struck by the defendant's forklift as it was being operated in reverse, thereby shifting the burden to the defendant to produce sufficient evidentiary proof in admissible form to show the existence of a triable issue of fact (see Alvarez v Prospect Hosp.,

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