Appellate Division of the Supreme Court of New York, 1999

McCloghrie v. B.E. Rock Corp.

McCloghrie v. B.E. Rock Corp.
Appellate Division of the Supreme Court of New York · Decided June 29, 1999
262 A.D.2d 240; 693 N.Y.S.2d 531; 1999 N.Y. App. Div. LEXIS 7743
McCloghrie v. B.E. Rock Corp.

Opinion of the Court

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered May 6, 1998, which, insofar as appealed from as limited by appellants’ brief, granted defendants-respondents’ motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

We agree that the doctrine of res ipsa loquitur does not apply to plaintiffs fall in this instance, in light of plaintiffs failure to identify the instrumentality that caused her fall. Concur — Ellerin, P. J., Mazzarelli, Rubin, Andrias and Buckley, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.