Pena v. Seacrest Construction Corp.

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Taylor, J.), dated August 4, 1999, which, upon granting the motion of the defendant LIPCO Electrical Corp. pursuant to CPLR 4401 at the close of the plaintiffs’ case to dismiss the complaint, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The trial court properly refused to submit this case to the jury based upon the doctrine of res ipsa loquitur. The plaintiffs failed to establish that the event was of a kind that ordinarily does…