Opinion
April 17, 1995
Appeal from the Supreme Court, Orange County (Owen, J.).
Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The injured plaintiff allegedly aggravated a pre-existing back injury when he attempted to move a certain nitrogen canister during the course of his employment. We agree with the Supreme Court that the defendant and the third-party defendant Minnesota Valley Engineering, Inc., made prima facie showings that the injured plaintiff's injuries were not causally related to the accident in question and that the canister was not defective. We further agree that the plaintiff failed to meet his burden of demonstrating a material issue of fact which requires trial. Summary judgment was thus properly awarded (see, Zuckerman v City of New York, 49 N.Y.2d 557). Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.