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McFARLAND v. AMERICAN OXYGEN CO.

2010-10938

90 A.D.3d 866 (2011)

934 N.Y.S.2d 718

2011 NY Slip Op 9286

JEFFREY G. McFARLAND, Respondent, et al., Plaintiff, v. AMERICAN OXYGEN COMPANY, Defendant, and TRI-WELD INDUSTRIES, INC., Appellant. (And a Third-Party Action.) (And Another Title.)

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

Decided December 20, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the motion of the defendant Tri-Weld Industries, Inc. (hereinafter Tri-Weld), which was for summary judgment dismissing the complaint insofar as asserted against it by the plaintiff Jeffrey G. McFarland. In response to Tri-Weld's prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp.,

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