MELENDEZ-NATAL v. MAREN ENGINEERING CORPORATION


44 A.D.3d 521 (2007)

843 N.Y.S.2d 614

REINALDO MELENDEZ-NATAL, Respondent, v. MAREN ENGINEERING CORPORATION et al., Defendants, and RED APPLE GROUP, INC., et al., Appellants. REINALDO MELENDEZ-NATAL, Respondent, v. JACK SQUICCIARINI et al., Appellants, et al., Defendant.

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

Decided October 23, 2007.


On their motion for summary judgment, the supermarket defendants failed to make a prima facie showing of entitlement to judgment as a matter of law. The affidavit submitted from a corporate officer was conclusory and did not address the allegations regarding ownership or control of the baler, the machine alleged to have caused plaintiff's injury. Furthermore, defendant Squicciarini failed to demonstrate, as a matter of law, that he is a special employee of plaintiff's employer...

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