Appellate Division of the Supreme Court of the State of New York December 6, 2011 (Folgar v. Vermeer Manufacturing Co.)

The defendant Taylor Rental failed to establish its prima facie entitlement to judgment as a matter of law by showing that it was not negligent in renting an allegedly defective stump grinder to the plaintiffs employer (see Martin v Hacker, 83 NY2d 1, 9 n 1 [1993]; Haight v Banner Metals, 300 AD2d 356 [2002]; Johnson v Johnson Chem. Co., 183 AD2d 64, 69 [1992]).