Legal Opinion
Estrategia Corp. v. Lafayette Commercial Condo
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 2012PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Martin Shulman, J.), entered December 22, 2011, which, insofar as appealed from as limited by the briefs, denied the parties’ cross motions for summary judgment as to liability on the negligence cause of action, unanimously affirmed, without costs.
Plaintiffs’ failure to plead the doctrine of res ipsa loquitur in the complaint does not render the doctrine unavailable at trial. They pleaded negligence, and the circumstances warrant the doctrine’s application (compare Ianotta v Tishman Speyer Props., Inc., 46 AD3d 297 [2007], with Yousefi v Rudeth Realty,…
2Cases cited4 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Shinshine Corp. v. Kinney System, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Yousefi v. Rudeth Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by8 opinions
- Helton v. Avrio Group Surveillance Solutions, Inc.District Court, W.D. New York · 2014
- Ocasio v. Dormitory Auth. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2018
- Palomo v. 175th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Palomo v. 175th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Smith v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
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