DEVOY v. 1110/1130 STADIUM OWNERS CORP.


270 A.D.2d 131 (2000)

704 N.Y.S.2d 572

BRIAN DEVOY et al., Appellants-Respondents, v. 1110/ 1130 STADIUM OWNERS CORP., Respondent-Appellant, and STALEY ELEVATOR COMPANY, INC., et al., Respondents.

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

Decided March 21, 2000.


Plaintiff's invocation of the doctrine of res ipsa loquitur as against the elevator maintenance company was properly rejected under the present circumstances, where plaintiff himself kicked open the elevator shaftway door (see, Burgess v Otis El. Co., 114 A.D.2d 784, 787, affd 69 N.Y.2d 623). The uncontradicted deposition testimony is that a plastic bag became stuck in the overspeed governor...

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