Gusek v. Compass Transportation Corp.

—Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred in denying plaintiff’s motion for partial summary judgment on the issue of liability. “ ‘To carry the burden of proving a prima facie case, the plaintiff must generally show that the defendant’s negligence was a substantial cause of the events which produced the injury’ ” (Howard v Poseidon Pools, 72 NY2d 972, 974, quoting Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315, rearg denied 52 NY2d 784; see also, Culkin v Parks & Recreation Dept., 168 AD2d 912, 913, lv denied 77 NY2d 806).…