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LIANOPOLOUS v. CHURCH OF OUR SAVIOR

111 A.D.2d 908 (1985)

George Lianopolous et al., Appellants, v. Church of Our Savior, Respondent

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

June 24, 1985

Interlocutory judgment affirmed, with costs.

Res ipsa loquitur may be charged to the jury if the facts, as established by the plaintiffs' evidence, would permit an inference of negligence on that theory (Cornacchia v Mount Vernon Hosp., 93 A.D.2d 851). At trial, plaintiffs introduced evidence of specific acts of negligence, as well as circumstances from which negligence could be inferred. Defendant produced evidence tending...

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