PENA v. SEACREST CONSTRUCTION CORP.


275 A.D.2d 737 (2000)

713 N.Y.S.2d 494

JOSE C. PENA et al., Appellants, v. SEACREST CONSTRUCTION CORP., Defendant, and LIPCO ELECTRICAL CORP., Respondent.

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

Decided September 18, 2000.


Ordered that the judgment is affirmed, with costs.

The trial court properly refused to submit this case to the jury based upon the doctrine of res ipsa loquitur. The plaintiffs failed to establish that the event was of a kind that ordinarily does not occur in the absence of someone's negligence and that it was not caused by any voluntary action or contribution on the part of the injured plaintiff (see, Ebanks v New York City Tr. Auth., 70 N...

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