REYNOLDS v. BOYLSTON REALTY, INC.


267 A.D.2d 70 (1999)

699 N.Y.S.2d 401

CARLENE REYNOLDS, Respondent, v. BOYLSTON REALTY, INC., et al., Appellants. NORTH AMERICAN SEATING CO., Third-Party Plaintiff-Respondent, v. ALLSTATE SEATING, INC., Third-Party Defendant-Appellant.

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

Decided December 9, 1999.


The doctrine of res ipsa loquitur was properly invoked, and the theater operator's motion for summary judgment properly denied, on the basis of evidence that a maintenance crew inspected the seats in this multiplex theater on a daily basis and fixed any that needed repair, that ushers viewed the seats between every showing of a movie, that there were no reports of a broken seat prior to the incident, and that the seat looked like any other when plaintiff sat down in it prior...

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