Appellate Division of the Supreme Court of the State of New York December 20, 2011 (McFarland v. American Oxygen Co.)

The Supreme Court properly denied that branch of the motion of the defendant Tri-Weld Industries, Inc. (hereinafter TriWeld), which was for summary judgment dismissing the complaint insofar as asserted against it by the plaintiff Jeffrey G. McFarland. In response to Tri-Weld’s prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp.