NOTICE v. REGENT HOTEL CORP.


76 A.D.2d 820 (1980)

Melita Notice et al., Respondents, v. Regent Hotel Corp., Defendant-Appellant and Third-Party Plaintiff. Empire Elevator Co., Inc., Third-Party Defendant

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

June 26, 1980


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 N.Y. 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 of negligence arising therefrom is inescapable if not rebutted by other evidence...

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