Uy v. Shapmor, Inc.

The submission of this case to the jury by the court on the theory of res ipsa loquitur as against the defendant-appellant was proper and the jury’s verdict in favor of the plaintiff might well be sustained. (Day v. Grand Union Co., 280 App. Div. 253, affd. 304 N. Y. 821; Hyams v. King Kullen Grocery Co., 230 N. Y. S. 2d 962, revg..in part 32 Misc 2d 920, affd. 20 A D 2d 657.) However, the statement of the plaintiff, while being questioned by counsel for the codefendant, now defendant-respondent, namely, “I reported it to the manager who took my name and he said, ‘ The insurance man would…