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MATOS v. CHALLENGER EQUIPMENT CORP.

50 A.D.3d 502 (2008)

857 N.Y.S.2d 76

RICHARD MATOS, Appellant, v. CHALLENGER EQUIPMENT CORP., Doing Business as CONSOLIDATED APPLIANCE SERVICES, Respondent, et al., Defendants.

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

Decided April 24, 2008.

Challenger made a prima facie case of entitlement to summary judgment by establishing that it did not make repairs to the griddle top of the oven at plaintiff's employer, the instrument which caused plaintiff's injury. The work order and invoice relating to repairs effected approximately two weeks prior to the subject accident demonstrate that the work performed did not relate to the griddle top (compare Royal v Brooklyn Union Gas Co., 122 A.D.2d 132...

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