ROMERO v. XCELLENT CAR WASH & EXPRESS LUBE

9041, 27482/16.

171 A.D.3d 584 (2019)

98 N.Y.S.3d 588

2019 NY Slip Op 02978

Francisco Romero et al., Appellants, v. Xcellent Car Wash & Express Lube et al., Respondents.

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

Decided April 23, 2019.


Plaintiffs seek to recover damages for injuries that plaintiff Francisco Romero allegedly sustained when his foot fell into an uncovered drain on defendants' premises. In January 2018, the Supreme Court denied plaintiffs' motion for partial summary judgment on liability under the theory of res ipsa loquitur, finding that plaintiffs had failed to meet their prima facie burden. In April 2018, plaintiffs moved for leave to renew the motion, arguing that the Court of Appeals...

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