New York Court of Appeals, 2003

Rodriguez v. Serge Elevators Co., Inc.

New York Court of Appeals · Decided February 13, 2003 · Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read Concur in Memorandum

787 N.E.2d 1155; 99 N.Y.2d 587; 757 N.Y.S.2d 809; 2003 N.Y. LEXIS 140 (North Eastern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Colon v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2017)
Reilly v. Newireen Associates (Appellate Division of the Supreme Court of New York 2003)
Miller v. Schindler Elevator Corp. (Appellate Division of the Supreme Court of New York 2003)
Turner v. Sabourin (District Court, E.D. New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.