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WIDMAIER v. MASTER PRODUCTS, MFG

Appellate Division of the Supreme Court of New York, Second Department.
Jul 6, 2004
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Ordered that the order is affirmed, with costs.

A party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law, offering sufficient evidence to demonstrate the absence of any triable issue of fact ( see Alvarez v. Prospect Hosp., 68 NY2d 320; Zuckerman v. City of New York, 49 NY2d 557). Here, the defendants failed to submit evidence sufficient to establish that the product in question was not defective as a matter of law ( see Porter v. Uniroyal Goodrich Tire Co., 224 AD2d 674). Therefore, the motion for summary judgment dismissing the complaint was properly denied ( see Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851; Zuckerman v. City of New York, supra).

The defendants' remaining contentions are without merit.