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Peeples v. Wyndham Management Corp.

289 A.D.2d 550, 735 N.Y.S.2d 796, 2001 N.Y. App. Div. LEXIS 13060
Appellate Division of the Supreme Court of the State of New York·Decided December 31, 2001·Published

Opinion

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Golar, J.), dated May 29, 2001, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants’ motion for summary judgment. The defendants failed to make a prima facie showing of entitlement to judgment as a matter of law (see, CPLR 3212 [b]; Ayotte v Gervasio, 81 NY2d 1062; Alvarez v Prospect Hosp., 68 NY2d 320). There is a triable issue of fact as to whether the defendants may be liable under a theory of res ipsa loquitur (see, Mikel v Flatbush Gen. Hosp., 49 AD2d 581; Thompson v Pizza Hut, 262 AD2d 302). Florio, J. P., McGinity, Luciano and Schmidt, JJ., concur.

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Peeples v. Wyndham Management Corp., 289 A.D.2d 550, 735 N.Y.S.2d 796, 2001 N.Y. App. Div. LEXIS 13060 (N.Y. Ct. App. 2001).

289 A.D.2d 550 (Peeples v. Wyndham Management Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Ayotte v. Gervasio
619 N.E.2d 400 (New York Court of Appeals, 1993)
Alvarez v. Prospect Hospital
501 N.E.2d 572 (New York Court of Appeals, 1986)
Mikel v. Flatbush General Hospital
49 A.D.2d 581 (Appellate Division of the Supreme Court of New York, 1975)
Thompson v. Pizza Hut of America, Inc.
262 A.D.2d 302 (Appellate Division of the Supreme Court of New York, 1999)