McCloghrie v. B.E. Rock Corp.

Appellate Division of the Supreme Court of New York

McCloghrie v. B.E. Rock Corp.

262 A.D.2d 240, 693 N.Y.S.2d 531, 1999 N.Y. App. Div. LEXIS 7743

Appellate Division of the Supreme Court of the State of New York·Decided June 29, 1999·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered May 6, 1998, which, insofar as appealed from as limited by appellants’ brief, granted defendants-respondents’ motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

We agree that the doctrine of res ipsa loquitur does not apply to plaintiffs fall in this instance, in light of plaintiffs failure to identify the instrumentality that caused her fall. Concur — Ellerin, P. J., Mazzarelli, Rubin, Andrias and Buckley, JJ.

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—Order, Supreme Court, New York County (Harold Tompkins, J.), entered May 6, 1998, which, insofar as appealed from as limited by appellants’ brief, granted defendants-respondents’ motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

We agree that the doctrine of res ipsa loquitur does not apply to plaintiffs fall in this instance, in light of plaintiffs failure to identify the instrumentality that caused her fall. Concur — Ellerin, P. J., Mazzarelli, Rubin, Andrias and Buckley, JJ.

McCloghrie v. B.E. Rock Corp., 262 A.D.2d 240, 693 N.Y.S.2d 531, 1999 N.Y. App. Div. LEXIS 7743 (N.Y. Ct. App. 1999).

Pincite

262 A.D.2d 240 (McCloghrie v. B.E. Rock Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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