COSTELLO v. PANAVISION OF NEW YORK


8 A.D.3d 143 (2004)

779 N.Y.S.2d 54

PETER J. COSTELLO, Respondent, v. PANAVISION OF NEW YORK et al., Appellants-Respondents, and UNIVERSAL TELEVISION LAW AND ORDER, Respondent-Appellant, et al., Defendants.

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

June 22, 2004.


Plaintiff was injured when the lift-gate of the truck on which he was working during a television production unexpectedly dropped as he was about to step onto it. The truck was leased from the Panavision defendants, who moved for summary judgment for lack of proof of any notice that the lift-gate was defective or negligently maintained. Plaintiff invoked the doctrine of res ipsa loquitur, which would require, inter alia, proof that the

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