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OJEDA v. GARDEN OF EDEN ENTERPRISES, INC.

63 A.D.3d 706 (2009)

879 N.Y.S.2d 730

JIMMY OJEDA, Respondent, v. GARDEN OF EDEN ENTERPRISES, INC., et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided June 2, 2009.

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

In view of the plaintiff's allegations as to the causes of his injury, the appellants failed to submit evidence sufficient to establish, prima facie, that they were not liable for the plaintiff's accident (see Riviello v Waldron, 47 N.Y.2d 297, 302 [1979]; Mendez v City of New York, 7 A.D.3d 766, 767-768 [2004...

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