Smith v. City of New York
Opinion of the Court
Elaintiff testified at her deposition that she had “no idea” how she tripped and fell and she could not identify or mark on photographs the specific rise, declivity or defective condition of
The doctrine of res ipsa loquitur, which requires a showing that the event is the kind which ordinarily does not occur in the absence of someone’s negligence, was caused by an agency or instrumentality within the exclusive control of defendant, and was not due to any voluntary action or contribution on the part of the plaintiff (see Dermatossian v New York City Tr. Auth., 67 NY2d 219, 226 [1986]), is inapplicable here because it is not uncommon for trips and falls to occur without negligence where there is a misstep or loss of balance, and because the area where the accident occurred was not in the exclusive control of any defendant. Concur — Friedman, J.E, Sweeny, Acosta, Renwick and Abdus-Salaam, JJ. [Prior Case History: 2010 NY Slip Op 31139(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.