Opinion
9861 Index 190041/18
07-11-2019
IN RE NEW YORK CITY ASBESTOS LITIGATION Leonard Carriero, et al., Plaintiffs–Respondents, v. Amchem Products, Inc., not known as Rhone Poulenc AG Company, etc., et al., Defendants, Harris Corporation, Defendant–Appellant.
McGivney, Kluger & Cook, P.C., New York (Kerryann M. Cook of counsel), for appellant. Weitz & Luxenberg, P.C., New York (Jason P. Weinstein of counsel), for respondents.
McGivney, Kluger & Cook, P.C., New York (Kerryann M. Cook of counsel), for appellant.
Weitz & Luxenberg, P.C., New York (Jason P. Weinstein of counsel), for respondents.
Friedman, J.P., Richter, Tom, Oing, Moulton, JJ.
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered January 28, 2019, which denied defendant Harris Corporation's motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.
Viewing the evidence in the light most favorable to plaintiffs as nonmovants ( Vega v. Restani Constr. Corp., 18 N.Y.3d 499, 503, 942 N.Y.S.2d 13, 965 N.E.2d 240 [2012] ), we find that Harris Corporation failed to establish prima facie entitlement to summary judgment.
Defendant cannot meet its initial burden on summary judgment by "merely point[ing] to perceived gaps in plaintiff[s'] proof, rather than submitting evidence showing why his claims fail" ( Ricci v A.O. Smith Water Prods. Co., 143 A.D.3d 516, 516, 38 N.Y.S.3d 797 [1st Dept. 2016] ; see also Koulermos v. A.O. Smith Prods., 137 A.D.3d 575, 576, 27 N.Y.S.3d 157 [1st Dept. 2016] ).