Opinion
02-02005
Submitted May 7, 2002
June 3, 2002
In a products liability action, the defendant C.R. Bard, Inc., appeals from an order of the Supreme Court, Nassau County (Winslow, J.), dated January 24, 2002, which denied its motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it.
McMillan, Rather, Bennett Rigano, P.C., Melville, N.Y. (Richard A. Fogel of counsel), for appellant.
Poisson Hackett, P.C. (Anita Nissan Yehuda, Roslyn Heights, N Y, of counsel), for respondents.
NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
It is well settled that the proponent of a summary judgment motion has the burden of establishing its prima facie entitlement to judgment as a matter of law by presenting sufficient evidence to eliminate any triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562). The defendant C.R. Bard, Inc. (hereinafter the defendant) failed to sustain its burden of establishing its prima facie entitlement to summary judgment, as the affidavit submitted in support of the motion was conclusory and unsupported by any evidence (see Felter v. Mercy Community Hosp. of Port Jervis, 244 A.D.2d 385; Firesearch Corp. v. Micro Computer Controls Corp., 240 A.D.2d 365).
Accordingly, the Supreme Court correctly denied that branch of the motion which was for summary judgment, regardless of the sufficiency of the opposing papers, as the defendant did not sustain its prima facie burden (see Quinn v. Nyack Hosp., 286 A.D.2d 675; Cicolello v. Limb, 216 A.D.2d 434).
The defendant's remaining contentions are without merit.
SMITH, J.P., O'BRIEN, H. MILLER and COZIER, JJ., concur.