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POLLOCK v. RAPID INDUS.

113 A.D.2d 520 (1985)

William Pollock, Appellant, v. Rapid Industrial Plastics Co., Inc., Respondent, et al., Defendant

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

December 30, 1985

Attorney(s) appearing for the Case

Malone, Dorfman & Tauber, P. C. (Stephen Kunken of counsel), for appellant.

Nathan Cyperstein (Steve S. Efron of counsel), for respondent.

LAZER, J. P., and O'CONNOR, J., concur with GIBBONS, J; WEINSTEIN, J., dissents and votes to affirm the order and judgment appealed from, with an opinion.

GIBBONS, J.

At issue on this appeal is whether the circumstantial evidence adduced at trial was sufficient to establish a prima facie case of negligence as against defendant Rapid Industrial Plastics Co., Inc., under the doctrine of res ipsa loquitur ("the thing speaks for itself"). Because we conclude that it was, we reverse so much of the order and judgment as was in favor of defendant Rapid Industrial Plastics...

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