MARTINEZ v. CITY OF NEW YORK


292 A.D.2d 349 (2002)

738 N.Y.S.2d 383

SONIA M. MARTINEZ, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided March 4, 2002.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly found that she is not entitled to summary judgment against the defendant City of New York based upon the doctrine of res ipsa loquitur. The doctrine of res ipsa loquitur permits an inference of negligence to be drawn from the happening of an accident solely upon the theory that "certain occurrences contain within themselves a sufficient basis for an inference...

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