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HRYCIUK v. 120 WALL CO.

201 A.D.2d 254 (1994)

607 N.Y.S.2d 28

Wasylna Hryciuk et al., Appellants, v. 120 Wall Company, Respondent and Third-Party Plaintiff-Respondent. Millar Elevator Industries, Inc., Third-Party Defendant-Respondent and Fourth-Party Plaintiff-Respondent, et al., Fourth-Party Defendant

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

February 1, 1994

Since plaintiff failed to establish that defendant was in exclusive control of the instrumentality of the injury, and plaintiff herself was partially at fault, we agree with the trial court that there was no basis to submit the case to the jury with a res ipsa loquitur instruction (see, Feblot v New York Times Co., 32 N.Y.2d 486, 495-496). Plaintiff also failed to establish the requisite notice of defect under her original...

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