Legal Opinion
Notice v. Regent Hotel Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 26, 1980PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County, entered December 18, 1979, granting summary judgment in favor of plaintiffs against defendant-appellant Regent Hotel Corp. on the issue of liability, is unanimously affirmed, with costs. In general the doctrine of res ipsa loquitur merely gives rise to a permissible inference of negligence, and does not justify either a directed verdict or summary judgment. (Foltis, Inc. v City of New York, 287 NY 108.) But as the Court of Appeals pointed out in the Foltis case (p 121): "There may be cases where the prima facie proof is so convincing that the inference…
2Cases cited3 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
- Horowitz v. Kevah Konner, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by6 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Farina v. Pan American World Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Smith v. MooreAppellate Division of the Supreme Court of the State of New York · 1996
- Cebula v. BonimeAppellate Division of the Supreme Court of the State of New York · 1983
- Griffiths v. Durst Organization Inc.Appellate Division of the Supreme Court of the State of New York · 2016
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