September 14, 1992. Appeal from the Supreme Court, Nassau County, George A. Murphy, J. Pizzitola Inzerillo, Smithtown (Gary A. Pagliarello of counsel), for defendants and third-party plaintiffs-appellants. Peter J. Eliseo, Garden City, for respondents. MANGANO, P.J. On this appeal, we are called on to determine the exact nature of proof required to be submitted in support of, and in opposition to, a motion for summary judgment which seeks to establish, prima facie, a plaintiff's failure to sustain
February 23, 1995 Appeal from the Supreme Court, New York County (Helen Freedman, J.). Plaintiff instituted this action to recover for injury allegedly sustained as a result of exposure to products and machines containing asbestos. While defendant's own failure, in the first instance, to unequivocally establish that its product could not have contributed to the causation of plaintiff's injury would have required denial of its motion for summary judgment (Winegrad v. New York Univ. Med. Ctr., 64 N