ASHKENAZI v. CITY OF NEW YORK


239 A.D.2d 186 (1997)

656 N.Y.S.2d 641

Shela Ashkenazi, Appellant, v. City of New York et al., Respondents

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

May 8, 1997


The motion court, in considering plaintiff's motion for partial summary judgment, properly refused to apply the doctrine of res ipsa loquitur in that it has not been established that the tile that struck plaintiff in the head, as she was walking down a street in front of defendants' school building, came from the school building, and, assuming it did, that defendants had exclusive control over it. In addition, the purported admission...

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