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O'CONNOR v. 72 ST. EAST CORP.

224 A.D.2d 246 (1996)

637 N.Y.S.2d 412

Katherine O'Connor et al., Appellants, v. 72 Street East Corp. et al., Respondents, et al., Defendants. (And a Third and Second Third-Party Action.)

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

February 8, 1996

In view of the fact that there was no dispute that the valve manufactured by Sloan was defective, and that Sloan failed to submit any evidentiary proof in admissible form to rebut the permissible inference of negligence, summary judgment should have been granted based upon the doctrine of res ipsa loquitur (Dillenberger v 74 Fifth Ave. Owners Corp., 155 A.D.2d 327).

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