Buckle v. Buhre Avenue Foods Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Alan Saks, J.), entered July 13, 1995, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
*270In an action for personal injuries allegedly sustained when plaintiff delivered milk to defendants’ supermarket, defendants’ motion for summary judgment was properly denied. It was not plaintiffs’ burden in opposing the motion to demonstrate the negligence of defendants or the proximate cause of the accident; rather, it was defendants’ burden, as movants,, to establish the absence of creation of the…
2Cases cited1 opinion
- Colt v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by4 opinions
- Migdol v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Tiles v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Hunter v. Perez Interboro Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Garafolo v. A.M.F. White Plains BowlAppellate Division of the Supreme Court of the State of New York · 2000