Niman v. Plaza House, Inc.

MORGAN, Judge.

This is an action, brought under the res ipsa loquitur doctrine, for damages for personal injuries, loss of services, medical expenses and property damage. Plaintiffs received a verdict in a total amount of $25,800. Defendants have appealed. We affirm.

A divisional opinion failed of adoption after transfer to the Court en Banc, as did another opinion prepared after reargument and reassignment. This opinion is written following a second reassignment.

Factually, it appears that plaintiffs were tenants of a fifth floor apartment in an eleven-story apartment building owned by…