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GUARRACINO v. CENTRAL HUDSON GAS & ELECTRIC CORPORATION

274 A.D.2d 551 (2000)

712 N.Y.S.2d 389

DEBRA GUARRACINO, Appellant, v. CENTRAL HUDSON GAS & ELECTRIC CORPORATION, Respondent.

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

Decided July 31, 2000.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the defendant's motion for judgment as a matter of law as the plaintiff failed to establish a prima facie case of res ipsa loquitur. The plaintiff failed to demonstrate either (1) that the accident was of a kind which ordinarily does not occur in the absence of someone's negligence, or (2) that it was caused by an instrumentality within the exclusive control of the defendant (

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