Harmon v. United States Shoe Corp.

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff’s motion for partial summary judgment on liability based on the doctrine of res ipsa loquitur and denied defendant’s cross motion for summary judgment dismissing the complaint. While browsing through clothing at defendant’s store, plaintiff was injured when the bar on which the clothing hung became dislodged from the wall. Plaintiff met her initial burden by establishing that the event would not ordinarily occur in the absence of someone’s negligence; that the bar was within the exclusive control of…