WEN-YU CHANG v. F.W. WOOLWORTH CO., INC.


196 A.D.2d 708 (1993)

601 N.Y.S.2d 904

Wen-Yu Chang et al., Appellants, v. F. W. Woolworth Co., Inc., et al., Respondents, et al., Defendant

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

September 14, 1993


This action was brought on behalf of a 3½-year-old girl injured when, as a passenger on the escalator operated by defendant Woolworth inside its retail premises, and maintained by defendant Westinghouse under a service contract with Woolworth, her right leg became wedged between the moving stairs and the side panel. We hold that the trial court erred in denying plaintiffs' request for a res ipsa loquitur charge.

As stated in Ebanks v New York City Tr. Auth...

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