Goris v. Preferred Freezer, Inc.

Summary

The New York Appellate Division, Second Department affirmed an order denying the plaintiff's motion for summary judgment on liability in a personal-injury action. The court held that the plaintiff failed to make a prima facie showing because the evidence presented triable issues concerning responsibility for detaching a loading platform and whether the plaintiff operated the pallet-moving scooter negligently. The court therefore affirmed the denial of summary judgment regardless of the sufficiency of the defendants' opposing papers.

Holdings

1. The plaintiff was not entitled to summary judgment because he failed to make a prima facie showing that no material issue of fact existed.

Questions Presented

1. Whether the plaintiff established entitlement to summary judgment on liability by demonstrating the absence of any material issue of fact.
2. Whether the deposition evidence created triable issues concerning responsibility for detaching the metal platform and the plaintiff's allegedly negligent operation of the scooter.

Disposition

affirmed