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SPEARIN v. LINMAR, L.P.

536, 155561/12.

137 A.D.3d 571 (2016)

27 N.Y.S.3d 156

2016 NY Slip Op 01907

SAMUEL ALAN SPEARIN, Appellant, v. LINMAR, L.P., et al., Respondents.

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

Decided March 17, 2016.

Plaintiff was not entitled to summary judgment against defendant United Woodtank Corporation under a res ipsa loquitur theory of negligence. The record presents triable issues of fact as to whether the piece of wood that allegedly struck plaintiff was within United's exclusive control (see Morejon v Rais Constr. Co., 7 N.Y.3d 203, 209 [2006]; Galue v Independence 270 Madison LLC,

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