Opinion
December 30, 1992
Appeal from the Supreme Court, Yates County, Falvey, J.
Present — Denman, P.J., Callahan, Boomer, Balio and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: The court properly denied defendant's motion for summary judgment. Defendant failed to meet its burden of showing that plaintiff has no cause of action because it failed to submit proof in evidentiary form that the drainage pipe was properly installed and maintained.