Plaintiff, a 53-year old woman, was injured when she fell into an open subway vault, which had been left exposed as a result of a missing grating. We agree, as argued, that a charge on res ipsa was not warranted due to the Transit Authority's lack of exclusive control. In relying on res ipsa, it was plaintiff's obligation to establish a degree of domination sufficient to identify, with a degree of probability, defendant as the party responsible for the accident...
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