Smith v. Man Ho Rope Manufacturing Co.
Opinion of the Court
Order unanimously af
Supreme Court properly denied Green’s motion. In repairing the car puller, Green owed a duty to exercise reasonable care and diligence (see, Wagner v Kenific, 161 AD2d 1092, 1093; Galarza v Pacific Steel Boiler Corp., 147 AD2d 527, 529; PJI 2:127 [1996 Supp]). Although Green met its initial burden, plaintiff in response presented expert proof that Green departed from accepted standards of electrical repair and that the accident resulted from that departure. That proof was sufficient to raise triable issues of fact with respect to Green’s negligence and the proximate cause of the accident (see, Wagner v Kenific, supra, at 1093-1094). (Appeal from Order of Supreme Court, Erie County, Mintz, J.—Summary Judgment.) Present—Denman, P. J., Green, Wesley and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.