Legal Opinion

Giordano v. Toys "R" Us, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 23, 2000PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated May 17, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The doctrine of res ipsa loquitur permits an inference of negligence to be drawn solely from the happening of an accident “upon the theory that ‘certain occurrences contain within themselves a sufficient basis for an inference of negligence’ ” (Dermatossian v New York City Tr. Auth., 67 NY2d 219, 226,…

2Cases cited4 opinions

  1. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  2. George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
  3. Ruggiero v. Waldbaums Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Thompson v. Pizza Hut of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

3Cited by4 opinions

  1. Patrick v. Bally's Total FitnessAppellate Division of the Supreme Court of the State of New York · 2002
  2. Jansen v. Roosevelt Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
  3. Travelers Property Casualty v. Gomez SupermarketAppellate Terms of the Supreme Court of New York · 2003
  4. Jones v. Underhill Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2018

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