Opinion
November 21, 1989
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
Trial Term held, and we agree, that the equivocal expert testing laboratory's report on the offending product, and the appellant's conclusory denial of supplying such product to the third-party plaintiff, did not provide a sufficient evidentiary showing as to negate the existence of any issues of fact, and to entitle it to summary judgment (Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851, 853).
Concur — Sullivan, J.P., Ross, Milonas, Ellerin and Rubin, JJ.