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Rodriguez v. Serge Elevators Co.

99 N.Y.2d 587 Court N.Y. Decision date 2003-02-13 English

Contents

Majority

p. 587
[787 NE2d 1155, 757 NYS2d 809]
Juana Rodriguez, Appellant, v Serge Elevators Company, Inc., Respondent.
Decided February 13, 2003
p. 588
APPEARANCES OF COUNSEL
Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for appellant.
Fiedelman & McGaw, Jericho (Dawn C. DeSimone of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendant’s motion for summary judgment dismissing the complaint denied.

Plaintiff seeks to invoke the doctrine of res ipsa loquitur in her personal injury action. Because plaintiff presented evidence of each element of this doctrine (see Dermatossian v New York City Tr. Auth., 67 NY2d 219 [1986]), the Appellate Division erred in granting defendant’s motion for summary judgment dismissing the complaint. Plaintiffs inability to identify in which of two service elevators she was riding is not fatal to her claim because no dispute exists that defendant exclusively maintained both elevators.

Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

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