Folgar v. Vermeer Manufacturing Co.

The defendant Taylor Rental failed to establish its prima facie entitlement to judgment as a matter of law by showing that it was not negligent in renting an allegedly defective stump grinder to the plaintiffs employer (see Martin v Hacker, 83 NY2d 1, 9 n 1 [1993]; Haight v Banner Metals, 300 AD2d 356 [2002]; Johnson v Johnson Chem. Co., 183 AD2d 64, 69 [1992]). Furthermore, Taylor Rental failed to establish its entitlement to judgment as a matter of law based on a lack of proximate cause, since it did not prove that the plaintiff did not use the allegedly defective stump grinder on the date…