ESPINOZA v. COCO-COLA BOTTLING CO. OF N.Y., INC.

2014-05313, Index No. 2959/13.

121 A.D.3d 640 (2014)

993 N.Y.S.2d 721

2014 NY Slip Op 06557

ROMEL ESPINOZA, Appellant, v. COCO-COLA BOTTLING COMPANY OF NEW YORK, INC., et al., Respondents.

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

Decided October 1, 2014.


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated February 13, 2014, which denied his motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

In a personal injury action, to prevail on a motion for summary judgment on the issue of liability, a plaintiff has the burden of establishing, prima facie, not only that the...

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