Yi v. JNJ Supply Corp.

Feuerstein, J.,

dissents and votes to reverse the order insofar as appealed from, with the following memorandum: I believe that the majority decision is incorrect and that the majority has failed to consider the ramifications of its determination. Accordingly, I must respectfully dissent.

Initially, there is no dispute that the defendants, JNJ Supply Corp. and Jose Malo met their burden of demonstrating prima facie entitlement to judgment as a matter of law. In opposition to the motion, the plaintiff relied solely upon an affidavit of the defendant Duk Sik Kim (hereinafter “the Kim affidavit”),…