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RUSSELL v. KRAFT, INC.

284 A.D.2d 386 (2001)

726 N.Y.S.2d 290

EDWARD RUSSELL, Respondent, v. KRAFT, INC., Defendant and Third-Party Plaintiff-Appellant. FRUIT SALAD, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And Another Title.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 11, 2001.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Contrary to the appellant's contentions, it did not meet its burden of establishing, as a matter of law, that it did not manufacture and/or supply the allegedly defective jar that caused the plaintiff's injuries, as it merely pointed to gaps in the plaintiff's proof (see, Pace v International Bus. Mach. Corp., 248 A.D.2d 690).

However...

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