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Williams v. Sharp Electronics Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 917 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Supreme Court, Erie County, Wolf, Jr., J.

Present — Green, J.P., Lawton, Wesley, Doerr and Davis, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint against defendant Sharp Electronics Corp. dismissed. Memorandum: Supreme Court erred in denying the motion of defendant Sharp Electronics Corp. (Sharp) for summary judgment. Sharp tendered evidentiary proof in admissible form sufficient to establish that the fire in plaintiff's apartment was not caused by the malfunctioning of a Sharp microwave oven (see, CPLR 3212 [b]). The contrary conclusion contained in the affidavit of plaintiff's purported expert is insufficient to raise a triable issue of fact. Nothing in the record suggests that his area of expertise includes electricity, electrical appliances or electrical fires, or that he is "possessed of the requisite skill, training, education, knowledge or experience from which it can be assumed that the information imparted or the opinion rendered is reliable" (Matott v. Ward, 48 N.Y.2d 455, 459; see, Hileman v. Schmitt's Garage, 58 A.D.2d 1029, 1030; Molinari v. Conforti Eisele, 54 A.D.2d 1113).


Summaries of

Williams v. Sharp Electronics Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 917 (N.Y. App. Div. 1995)
Case details for

Williams v. Sharp Electronics Corp.

Case Details

Full title:CORNELL WILLIAMS, SR., Individually and as Administrator of the Estate of…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 9, 1995

Citations

216 A.D.2d 917 (N.Y. App. Div. 1995)
629 N.Y.S.2d 699

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