Plaintiff was injured when a water filled, bathroom ceiling light fixture fell on him. Some months earlier, defendant Titan installed a toilet in the apartment immediately above plaintiff's apartment. Titan failed to prima facie establish that it did not proximately cause the injuries sustained by plaintiff by negligently installing a toilet in the apartment above plaintiff's and "launch[ing] a force or instrument of harm" (see Lopez v New York Life Ins. Co.,
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EBALO v. TRUSTEES OF COLUMBIA UNIV.
162193/14. 595359/15. Appeal No. 13453. Case No. 2020-03028.
192 A.D.3d 626 (2021)
2021 NY Slip Op 01941
Daniel Ebalo, Respondent, v. Trustees of Columbia University et al., Appellants, and Titan PH LLC, Respondent/Third-Party Defendant-Respondent. Trustees of Columbia University et al., Third-Party Plaintiffs-Appellants,
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided March 30, 2021.
Decided March 30, 2021.
Attorney(s) appearing for the Case
Rivkin Radlar LLP, Uniondale ( J'Naia L. Boyd of counsel), for appellants.
The Flomenhaft Law Firm, PLLC, New York ( Andrew Wanger of counsel), for Daniel Ebalo, respondent.
McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York ( Brian L. Battisti of counsel), for Titan PH LLC, respondent.
Concur—Gische, J.P., Singh, Scarpulla, Mendez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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