Legal Opinion

Mattes v. C.R. Bard, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 3, 2002Published

1Opinion of the Court

—In a products liability action, the defendant C.R. Bard, Inc., appeals from an order of the Supreme Court, Nassau County (Winslow, J.), dated January 24, 2002, which denied its motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

It is well settled that the proponent of a summary judgment motion has the burden of establishing its prima facie entitlement to judgment as a matter of law by presenting sufficient evidence to eliminate any triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557,…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Felter v. Mercy Community HospitalAppellate Division of the Supreme Court of the State of New York · 1997
  3. Cicolello v. LimbAppellate Division of the Supreme Court of the State of New York · 1995
  4. Firesearch Corp. v. Micro Computer Controls Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Quinn v. Nyack HospitalAppellate Division of the Supreme Court of the State of New York · 2001

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