Northville Industries Corp. v. Mystic Bulk Carriers, Inc.

Viewing the evidence in a light most favorable to the prevailing defendants (Matter of Kornblum Metals Co. v Intsel Corp., 38 NY2d 376, 379), a reasonable jury could have found either that plaintiff failed to sufficiently establish the cause of the accident or that defendants were not responsible for it, and that, instead, conditions at plaintiffs terminal, of which it. had prior notice, were the proximate cause of its injuries (see, Glozik v National Frgt., 171 AD2d 977, 978).

The trial court properly ruled that defendants’ Telephone Inquiry Form was admissible as a business record (CPLR…