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SCIVOLETTI v. NEW YORK MERCANTILE EXCHANGE, INC.

38 A.D.3d 326 (2007)

832 N.Y.S.2d 34

GEORGE SCIVOLETTI et al., Appellants, v. NEW YORK MERCANTILE EXCHANGE, INC., et al., Respondents, et al., Defendant.

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

Decided March 15, 2007.

Defendants' submissions presented a prima facie defense, thereby shifting the burden to plaintiffs. The opinion of plaintiffs' expert, that the decrease of the coefficient of friction between the tread of the step and its nose "impaired" safety, lacked sufficient probative force to constitute prima facie evidence that the steps in the pit were not reasonably safe for their intended use, or that a design defect existed (Jones v City of New York, 32...

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