Torres v. Industrial Container

Order, Supreme Court, Bronx County (Barry Salman, J.), entered October 16, 2002, which, in an action for personal injuries and wrongful death allegedly caused by plaintiffs’ decedents’ exposure to sodium sulfide manufactured and sold to the decedents’ employer by defendant-appellant, inter alia, denied appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Appellant cannot obtain summary judgment by pointing to gaps in plaintiffs’ proof. Rather, appellant must adduce affirmative evidence that the metal drum in question, which bore a…