McDonald v. City of New York

Judgment, Supreme Court, New York County (Karla Moskowitz, J.), entered January 5, 1990, upon a jury verdict in favor of the defendant, the City of New York, unanimously affirmed, without costs.

Plaintiff, a former police officer, fell down allegedly defective stairs at a 100 year old police stationhouse. Submission of the case on the theory of res ipsa loquitur was properly denied as the plaintiff did not establish that his fall was the kind of event which ordinarily does not occur absent someone’s negligence. (See generally, Ebanks v New York City Tr. Auth., 70 NY2d 621.) Indeed, the exact…