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RODRIGUEZ v. SERGE ELEVATORS CO., INC.

99 N.Y.2d 587 (2003)

787 N.E.2d 1155

757 N.Y.S.2d 809

JUANA RODRIGUEZ, Appellant, v. SERGE ELEVATORS COMPANY, INC., Respondent.

Court of Appeals of the State of New York.

Decided February 13, 2003.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for appellant.

Fiedelman & McGaw, Jericho (Dawn C. DeSimone of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment dismissing the complaint denied.

Plaintiff seeks to invoke the doctrine of res ipsa loquitur in her personal injury action. Because plaintiff presented evidence of each element of this doctrine (see Dermatossian v New York City Tr. Auth., 67 N.Y.2d 219 [1986]),...

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