Adams v. American Storage Co.

Appellate Division of the Supreme Court of New York

Adams v. American Storage Co.

293 A.D.2d 427, 740 N.Y.S.2d 864, 2002 N.Y. App. Div. LEXIS 4353

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 2002

StatusPublished

This text of 293 A.D.2d 427 (Adams v. American Storage Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. American Storage Co., 293 A.D.2d 427, 740 N.Y.S.2d 864, 2002 N.Y. App. Div. LEXIS 4353 (N.Y. Ct. App. 2002).

Pincite

Opinion

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered on or about June 29, 2000, which, in an action by a records clerk for personal injuries sustained when she bumped her ankle [428]*428against a cart that was allegedly leased by defendants to plaintiffs employer, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion was properly granted for lack of evidence that would “ ‘afford a rational basis for concluding that the cause of the accident was probably “such that the defendant [s] would be responsible for any negligence connected with it” ’ ” (Dermatossian v New York City Tr. Auth., 67 NY2d 219, 227). Even assuming that the cart that injured plaintiff was leased by plaintiff’s employer, a hospital, from defendants, it is clear that the hospital had possession and control of the cart, and had been using it for some weeks prior to plaintiffs accident. Under these circumstances, plaintiff cannot prove the element of defendants’ exclusive possession and therefore cannot rely on the res ipsa loquitur doctrine (cf., id. at 228). Nor has she shown that the accident complained of was not due to her own voluntary action. Concur—Nardelli, J.P., Sullivan, Ellerin, Lerner and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered on or about June 29, 2000, which, in an action by a records clerk for personal injuries sustained when she bumped her ankle [428]*428against a cart that was allegedly leased by defendants to plaintiffs employer, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion was properly granted for lack of evidence that would “ ‘afford a rational basis for concluding that the cause of the accident was probably “such that the defendant [s] would be responsible for any negligence connected with it” ’ ” (Dermatossian v New York City Tr. Auth., 67 NY2d 219, 227). Even assuming that the cart that injured plaintiff was leased by plaintiff’s employer, a hospital, from defendants, it is clear that the hospital had possession and control of the cart, and had been using it for some weeks prior to plaintiffs accident. Under these circumstances, plaintiff cannot prove the element of defendants’ exclusive possession and therefore cannot rely on the res ipsa loquitur doctrine (cf., id. at 228). Nor has she shown that the accident complained of was not due to her own voluntary action. Concur—Nardelli, J.P., Sullivan, Ellerin, Lerner and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

293 A.D.2d 427, 740 N.Y.S.2d 864, 2002 N.Y. App. Div. LEXIS 4353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-american-storage-co-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack