Although plaintiff has no recollection of the incident, eyewitnesses to the accident and an accident report indicate that a piece of a sidewalk shed at the Duane Reade drugstore, located at street level on the corner of 42nd Street and Lexington Avenue, toppled as a result of strong winds and struck plaintiff and other pedestrians.
The granting of summary judgment on the theory of res ipsa is warranted when the plaintiff can establish the following elements: (1) the...
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