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RADNAY v. 1036 PARK CORPORATION

17 A.D.3d 106 (2005)

793 N.Y.S.2d 344

GEORGE RADNAY, M.D., et al., Appellants-Respondents, v. 1036 PARK CORPORATION et al., Respondents-Appellants, and S. KRAUS, INC., Doing Business as SKYLINE WINDOWS, Respondent, et al., Defendant. (And a Third-Party Action.)

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

April 5, 2005.

The accident occurred as a result of a defective window in plaintiff doctor's office, where he or someone else was in a position to cause the defect. The theory of res ipsa loquitur is thus inapplicable because the window and its mechanism were not within the exclusive control of defendants (see Dermatossian v New York City Tr. Auth., 67 N.Y.2d 219, 226-228 [1986]).

Plaintiffs fail to make out a prima facie case of negligence...

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