Oa the motion for summary judgment, defendant has the initial burden of showing unequivocally that its product could not have contributed to the causation of decedent's injury. Here, defendant only pointed to gaps in plaintiffs' proof, which is insufficient to meet its burden. Even if the burden had shifted, plaintiff raised an issue of fact, citing hearsay evidence that could be considered by the court since it was not the sole basis of the opposition.
Fischer v. American Biltrite, Inc., NY Slip Op 03277 (1st Dep't June 11, 2020)
Here is the decision.
