Legal Opinion
Rodriguez v. Serge Elevators Co., Inc.
New York Court of Appeals
Decided February 13, 2003PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and defendant’s motion for summary judgment dismissing the complaint denied.
Plaintiff seeks to invoke the doctrine of res ipsa loquitur in her personal injury action. Because plaintiff presented evidence of each element of this doctrine (see Dermatossian v New York City Tr. Auth., 67 NY2d 219 [1986]), the Appellate Division erred in granting defendant’s motion for summary judgment dismissing the complaint. Plaintiffs inability to identify in which of two service elevators she was riding is not…
2Cases cited1 opinion
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
3Cited by4 opinions
- Reilly v. Newireen AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
- Miller v. Schindler Elevator Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Colon v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2017
- Turner v. SabourinDistrict Court, E.D. New York · 2003