RICCI v. A.O. SMITH WATER PRODUCTS CO.

1882, 190224/14.

143 A.D.3d 516 (2016)

2016 NY Slip Op 06741

38 N.Y.S.3d 797

MARK RICCI, Respondent, v. A.O. SMITH WATER PRODUCTS CO. et al., Defendants, and CLEAVER-BROOKS, INC., Sued Herein as CLEAVER BROOKS COMPANY, INC., Appellant.

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

Decided October 13, 2016.


Cleaver-Brooks, Inc. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The motion court applied the correct standard on the summary judgment motion and properly concluded that Cleaver-Brooks failed to establish entitlement to judgment as a matter of law. The record demonstrates that in support of its motion, Cleaver-Brooks merely pointed to perceived gaps in plaintiff's proof, rather than submitting evidence showing...

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