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LEFF v. SOLEY

78 A.D.2d 636 (1980)

Anna L. Leff et al., Appellants, v. Robert L. Soley, Respondent

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

October 6, 1980

Judgment affirmed, with costs.

Under the circumstances of the instant case, the trial court properly refused to instruct the jury on the doctrine of res ipsa loquitur (see Pipers v Rosenow, 39 A.D.2d 240, 243-245 [opn by Hopkins, J.]; see, also, De Falco v Long Is. Coll. Hosp., 90 Misc.2d 164, 168, affd 62 A.D.2d 1180). We have considered appellants' remaining contentions...

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