Opinion
2011-12-20
Jeffrey G. McFARLAND, respondent, et al., plaintiff, v. AMERICAN OXYGEN COMPANY, defendant,Tri–Weld Industries, Inc., appellant,(and a third-party action and another title).
Cerussi & Spring, White Plains, N.Y. (Peter Riggs of counsel), for appellant. *719 Meyer, Suozzi, English & Klein, P.C., Garden City, N.Y. (Robert N. Zausmer of counsel), for respondent.
Cerussi & Spring, White Plains, N.Y. (Peter Riggs of counsel), for appellant. *719 Meyer, Suozzi, English & Klein, P.C., Garden City, N.Y. (Robert N. Zausmer of counsel), for respondent.
In an action to recover damages for personal injuries, etc., the defendant Tri–Weld Industries, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Farneti, J.), entered October 21, 2010, as denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it by the plaintiff Jeffrey G. McFarland.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the motion of the defendant Tri–Weld Industries, Inc. (hereinafter Tri–Weld), which was for summary judgment dismissing the complaint insofar as asserted against it by the plaintiff Jeffrey G. McFarland. In response to Tri–Weld's prima facie showing of entitlement to judgment as a matter of law ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572), McFarland raised a triable issue of fact through the submission of his expert's affidavit ( see Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595, 404 N.E.2d 718).