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LEVIN v. MERCEDES-BENZ MANHATTAN, INC.

15673, 108182/11, 590791/12, 590624/13

130 A.D.3d 487 (2015)

11 N.Y.S.3d 856

2015 NY Slip Op 06025

KENNETH LEVIN et al., Respondents, v. MERCEDES-BENZ MANHATTAN, INC., Appellant. (And Third-Party Actions.)

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

Decided July 9, 2015.

It is undisputed that plaintiff Kenneth Levin was injured when a garage door located on the premises of defendant Mercedes-Benz's service center suddenly came down on him. The doctrine of res ipsa loquitur is applicable here because the accident was the kind that does not occur in the absence of negligence (see Hutchings v Yuter, 108 A.D.3d 416, 417 [1st Dept 2013]).

The court properly found that this was one of the "rarest...

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