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BENITO JIMENEZ, APPELLANT, v. IRON MASTER CORPORATION, DEFENDANT, STILLWELL SUPPLY CORP., et al., RESPONDENTS.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondent Stillwell Supply Corp.

The respondents established their entitlement to judgment as a matter of law. In opposition, the plaintiff failed to raise a triable issue of fact to establish any reasonable probability that the respondents manufactured and distributed the defective product which caused plaintiff's accident (see, Healey v. Firestone Tire Rubber Co., 87 N.Y.2d 596; D'Amico v. Manufacturers Hanover Trust Co., 173 A.D.2d 263). Accordingly, the Supreme Court properly granted those branches of the respondents' respective motions which were for summary judgment dismissing the complaint insofar as asserted against them.

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JIMENEZ v. IRON MASTER CORPORATION
(Mar 11, 2002)