Levin v. Mercedes-Benz Manhattan, Inc.

Order, Supreme Court, New York County (Donna Mills, J.), entered January 23, 2014, which, to the extent appealed from, granted plaintiffs’ motion for partial summary judgment, unanimously affirmed, without costs.

It is undisputed that plaintiff Kenneth Levin was injured when a garage door located on the premises of defendant Mercedes-Benz’s service center suddenly came down on him. The doctrine of res ipsa loquitur is applicable here because the accident was the kind that does not occur in the absence of negligence (see Hutchings v Yuter, 108 AD3d 416, 417 [1st Dept 2013]).

The court properly…