NIKOLLBIBAJ v. CITY OF NEW YORK

2011-09553.

106 A.D.3d 789 (2013)

964 N.Y.S.2d 619

2013 NY Slip Op 3306

ROBERTINA NIKOLLBIBAJ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 8, 2013.


Ordered that the judgment is affirmed, with costs.

The plaintiff was injured when a portion of a magnetic lock fell from a door or its frame in a hallway of the facility of the defendant Elmhurst Hospital, and struck her. The jury was instructed, inter alia, on the doctrine of res ipsa loquitur, and it returned a verdict on the issue of liability in favor of the defendants.

The doctrine of res ipsa loquitur permits an inference of negligence to be drawn solely...

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