You are here: / / DOCTRINE OF RES IPSA LOQUITUR PRECLUDED SUMMARY JUDGMENT IN THIS ELEVATOR...

DOCTRINE OF RES IPSA LOQUITUR PRECLUDED SUMMARY JUDGMENT IN THIS ELEVATOR ACCIDENT CASE.

The First Department determined defendant’s motion for summary judgment in this elevator accident case was properly denied. The doctrine of res ipsa loquitur applied:

The motion court properly concluded that the doctrine of res ipsa loquitur precludes the award of summary judgment in defendant’s favor in this action where plaintiff was injured when the elevator in which he was riding came to a sudden and abrupt stop. Elevator malfunctions ordinarily do not occur in the absence of negligence … , and defendant has failed to demonstrate as a matter of law that it lacked exclusive control over the subject elevator at the time of the accident. Defendant’s argument that vandalism was the cause of the elevator’s malfunction, lacks support in the record, and there is no evidence that plaintiff’s actions played a role in the cause of the accident. Galante v New York City Hous. Auth., 2017 NY Slip Op 00430, 1st Dept 1-24-17

NEGLIGENCE (ELEVATOR ACCIDENT, DOCTRINE OF RES IPSA LOQUITUR PRECLUDED SUMMARY JUDGMENT IN THIS ELEVATOR ACCIDENT CASE)/ELAVATORS (DOCTRINE OF RES IPSA LOQUITUR PRECLUDED SUMMARY JUDGMENT IN THIS ELEVATOR ACCIDENT CASE)/RES ISPA LOQUITUR (ELEVATOR ACCIDENT, DOCTRINE OF RES IPSA LOQUITUR PRECLUDED SUMMARY JUDGMENT IN THIS ELEVATOR ACCIDENT CASE)

You might also like
ALTHOUGH PLAINTIFF FELL DURING A STORM, THERE WAS EVIDENCE THE AREA WAS ICY BEFORE THE STORM, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (FIRST DEPT).
THE PROBATION-CONDITION REQUIRING DEFENDANT TO PAY THE MANDATORY SURCHARGE AND COURT FEES WAS STRUCK BECAUSE DEFENDANT IS INDIGENT; THE FACIAL CONSTITUTIONAL CHALLENGES TO PROBATION CONDITIONS WERE NOT PRESERVED (FIRST DEPT).
IN A REAR-END COLLISION, INNOCENT PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON PLAINTIFF’S LACK OF FAULT, BUT CONFLICTING FACTS PRECLUDED SUMMARY JUDGMENT AGAINST ONE OR BOTH DEFENDANTS.
Deeply Divided Court Reverses Plaintiff’s Malicious Prosecution-False Arrest Verdict and Orders a New Trial/Error Not to Allow Unredacted Autopsy Report Into Evidence/The Nature of the Evidence Necessary to Demonstrate Probable Cause to Arrest Was the Core of the Disagreement Among the Justices
Court Did Not Conduct an Adequate “Searching Inquiry” Before Allowed Defendant to Represent Himself—New Trial Ordered
In Spite of Settlement of Underlying Action, the Legal Malpractice Case Alleging Failure to Adequately Investigate Can Go Forward
Plaintiff Cannot Proceed With Case Taking a Position Different from That Taken in a Prior Action
THERE CAN BE NO REPUDIATION WHERE THERE HAS BEEN A BREACH OF CONTRACT, TWO JUSTICE DISSENT (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

NO NOTICE OF ALLEGED SKIDDING AND SHAKING OF ESCALATOR, RES IPSA LOQUITUR NOT... FORMER GOLDMAN SACHS EMPLOYEE’S CONVICTION FOR UNLAWFUL USE OF SCIENTIFIC...