Cho v. Song

Order, Supreme Court, New York County (Alice Schlesinger, J.), *249entered on or about January 13, 2000, which granted plaintiffs’ motion to set aside the jury verdict on the ground that the court erroneously failed to give the requested charge on res ipsa loquitur, unanimously reversed, on the law, without costs, the motion denied and the jury verdict reinstated. Plaintiffs’ appeal from order, same court (Stanley Sklar, J.), entered on or about August 2,1995, unanimously dismissed, without costs.°

The facts of this case did not require a charge on res ipsa loquitur, because plaintiff did not…