The motion court denied the contractor's motion for two reasons: first, that plaintiff's expert's affidavit raises issues of fact as to whether the escalator was negligently maintained; and second, that "it appears that the doctrine of res ipsa loquitur applies to this incident." The contractor appealed; plaintiff and the contractor then entered into a stipulation limiting the appeal to the res ipsa loquitur issue; and plaintiff thereafter moved to dismiss the appeal as seeking...
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