KOCH v. MELTON REALTY CORP.


52 A.D.2d 773 (1976)

Robert Koch et al., Appellants, v. Melton Realty Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 6, 1976


The Trial Judge did not err in refusing to charge res ipsa loquitur. So far as appears from the record before us, the case was tried only on a specific negligence theory — a dangerous condition in defendant's control and of which defendant had constructive notice — and the issue of res ipsa loquitur was not tendered until after the Trial Judge had completed his charge to the jury when plaintiff for the...

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