Ashkenazi v. City of New York

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered October 11, 1996, which denied plaintiff’s motion for partial summary judgment on the issue of liability, and granted defendants’ cross motion to vacate an admission to a notice to admit, unanimously affirmed, without costs.

*187The motion court, in considering plaintiffs motion for partial summary judgment, properly refused to apply the doctrine of res ipsa loquitur in that it has not been established that the tile that struck plaintiff in the head, as she was walking down a street in front of defendants’ school building,…