Legal Opinion
Rabena v. City of New York
Civil Court of the City of New York
Decided May 7, 1990Published
1Opinion of the Court
OPINION OF THE COURT
John R. Cannizzaro, J.
This is a negligence action to recover for personal injuries sustained by a severely handicapped, mentally retarded infant wherein the infant plaintiff by his mother and natural guard*539ian seeks to enforce their claim upon the doctrine of res ipsa loquitur.
Over objection of the plaintiff, the action was bifurcated as prescribed by 22 NYCRR 202.40 and liability was tried first.
The facts adduced at trial revealed the following:
On June 5, 1984, the infant plaintiff resided in a two-family dwelling located at 1469 79th Street, Brooklyn, New York. As was…
2Cases cited14 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Hymowitz v. Eli Lilly & Co.New York Court of Appeals · 1989
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1967
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
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