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Pena v. Seacrest Construction

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2000
275 A.D.2d 737 (N.Y. App. Div. 2000)

Opinion

Argued June 9, 2000.

September 18, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Taylor, J.), dated August 4, 1999, which, upon granting the motion of the defendant LIPCO Electrical Corp. pursuant to CPLR 4401 at the close of the plaintiffs' case to dismiss the complaint, dismissed the complaint.

Annette G. Hasapidis, P.C., Harrison, N.Y., for appellants.

Patrick C. MacDonnell , Garden City, N.Y. (Klein, DiSomma McGlynn [Martin M. McGlynn] of counsel), for respondent .

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The trial court properly refused to submit this case to the jury based upon the doctrine of res ipsa loquitur. The plaintiffs failed to establish that the event was of a kind that ordinarily does not occur in the absence of someone's negligence and that it was not caused by any voluntary action or contribution on the part of the injured plaintiff (see, Ebanks v. New York City Tr. Auth., 70 N.Y.2d 621; Braithwaite v. Equitable Life Assur. Socy. Of U.S ., 232 A.D.2d 352; Murphy v. Waldbaum, Inc., 228 A.D.2d 156; Cacciolo v. Port Auth. Of N.Y. N.J., 186 A.D.2d 528).


Summaries of

Pena v. Seacrest Construction

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 2000
275 A.D.2d 737 (N.Y. App. Div. 2000)
Case details for

Pena v. Seacrest Construction

Case Details

Full title:JOSE C. PENA, ET AL., APPELLANTS, v. SEACREST CONSTRUCTION CORP.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 18, 2000

Citations

275 A.D.2d 737 (N.Y. App. Div. 2000)
713 N.Y.S.2d 494