Legal Opinion
Martinez v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2002PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated September 10, 2001, which denied her motion for summary judgment against the defendant City of New York on the issue of liability.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs contention, the Supreme Court properly found that she is not entitled to summary judgment against the defendant City of New York based upon the doctrine of res ipsa loquitur. The doctrine of res ipsa loquitur permits an inference of negligence to…
2Cases cited8 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
- Davis v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Feuer v. HASC Summer Program, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
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3Cited by5 opinions
- Cubeta v. York International Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Louison v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 2004
- Christ v. SolomonAppellate Division of the Supreme Court of the State of New York · 2004
- Morejon v. Rais Construction Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Zinner v. Advanced Parking ServicesSuffolk County District Court · 2015