Arroyo v. State

Appellate Division of the Supreme Court of New York

Arroyo v. State

130 A.D.2d 700, 515 N.Y.S.2d 717, 1987 N.Y. App. Div. LEXIS 46717

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

DecidedMay 26, 1987

StatusPublished

This text of 130 A.D.2d 700 (Arroyo v. State) 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

Arroyo v. State, 130 A.D.2d 700, 515 N.Y.S.2d 717, 1987 N.Y. App. Div. LEXIS 46717 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a claim to recover damages for personal injury, the claimant appeals from a judgment of the Court of Claims (McCabe, J.), dated March 14, 1986, which dismissed his claim, after a nonjury trial, for failure to make out a prima facie case.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with Judge McCabe that the claimant failed to establish a prima facie case of negligence against the defendant and that the doctrine of res ipsa loquitur has no application to the facts of this case. Thompson, J. P., Niehoff, Kunzeman and Harwood, JJ., concur.

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In a claim to recover damages for personal injury, the claimant appeals from a judgment of the Court of Claims (McCabe, J.), dated March 14, 1986, which dismissed his claim, after a nonjury trial, for failure to make out a prima facie case.

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with Judge McCabe that the claimant failed to establish a prima facie case of negligence against the defendant and that the doctrine of res ipsa loquitur has no application to the facts of this case. Thompson, J. P., Niehoff, Kunzeman and Harwood, JJ., concur.

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Bluebook (online)

130 A.D.2d 700, 515 N.Y.S.2d 717, 1987 N.Y. App. Div. LEXIS 46717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arroyo-v-state-nyappdiv-1987.