BOYLAN, BROWN, CODE, VIGDOR & WILSON, LLP, ROCHESTER (JOHN M. WILSON, II, OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. CULLEY, MARKS, TANENBAUM & PEZZULO, LLP, ROCHESTER (FRANK G. MONTEMALO OF COUNSEL), FOR DEFENDANT-RESPONDENT TOSHIBA AMERICAN MEDICAL SYSTEMS, INC. WARD NORRIS HELLER & REIDY, LLP, ROCHESTER (MICHAEL D. NORRIS OF COUNSEL), FOR DEFENDANT-RESPONDENT PRAXAIR, INC. LAW OFFICES OF CHARLES G. DI PASQUALE, BUFFALO (KEVIN E. KETCHUM OF COUNSEL), FOR DEFENDANT-RESPONDENT ROCHESTER WELDING SUPPLY CORPORATION.
Appeal from an order of Supreme Court, Monroe County (Galloway, J.), entered April 12, 2001, which, inter alia , granted defendants’ motions and cross motion for summary judgment. It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion of defendants Toshiba American Medical Systems, Inc. and Praxair, Inc. and reinstating the complaint against them and as modified the order is affirmed without costs. Memorandum: Supreme Court properly granted the cross motion of defendant Rochester Welding Supply Corporation for summary judgment dismissing the complaint against it. The court erred, however, in granting the motions of Toshiba American Medical Systems, Inc. and Praxair, Inc. (defendants) seeking summary judgment dismissing the complaint against them. Although defendants met their initial burden by establishing that they were not negligent in their use and operation of the garage door that collapsed on Kathleen A. Pollack (plaintiff) at her place of employment, plaintiffs raised a triable issue of fact concerning their negligence ( see generally , Zuckerman v City of New York , 49 NY2d 557, 562). Plaintiffs submitted the deposition testimony of the chief technologist who was in charge of maintenance who stated that, because of the special features of the
