Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the motion which was for summary judgment on the issue of liability is denied.
The Supreme Court erred in granting that branch of the plaintiff's motion which was for summary judgment on the issue of liability. Res ipsa loquitur is a rule of evidence, which merely provides a permissible inference of negligence, rather than a presumption (see, Dermatossian v New York City...
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