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SACCONE v. GROSS

2010-03168.

84 A.D.3d 1208 (2011)

923 N.Y.S.2d 878

RACHELA SACCONE et al., Appellants, v. ROBERT GROSS et al., Defendants, and KOKILA B. SHAH et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 24, 2011.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the facts adduced at trial were insufficient to warrant a jury charge on the doctrine of res ipsa loquitur. The testimony did not give rise to an inference of negligence based upon the mere occurrence of the adverse event at issue (see Kambat v St. Francis Hosp., 89 N.Y.2d 489, 494 [1997]; Sangiovanni v Koloski,

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