green
Positive treatment
Issue: res ipsa loquitur doctrineNY ↗
Issue: jury charge defenseNY ↗
6.9 score
Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited "see"
Erlenback v. Congelli
Here, the conflicting medical testimony presented at trial "did not give rise to an inference of negligence based upon the mere occurrence of the adverse event at issue" ( Knapp v Soffer , 196 AD3d 551, 552 [2d Dept 2021]), and therefore "the facts adduced at trial were insufficient to warrant a jury charge on the doctrine of res ipsa loquitur" ( Sangiovanni v Koloski , 31 AD3d 422, 422-423 [2d Dept 2006]; see Seung Ja Cho v In-Chul Song , 286 AD2d 248 , 249 [1st Dept 2001], lv denied 97 NY2d 610 [2002]).
discussed
Cited "see"
In re the Complaint of Manhattan By Sail, Inc.
See Seung Ja Cho v. In-Chul Song, 286 A.D.2d 248 , 729 N.Y.S.2d 117, 117 (2001) (res ipsa loquitur jury charge not required because plaintiff did not establish that the injuries she suffered from a chemical face peel would not occur in the absence of negligence). 14.
Retrieving the full opinion text from the archive…
In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Lori Hope Katz, Admitted in 1985, at a Term of the Appellate Division, Second Department
Appellate Division of the Supreme Court of the State of New York.
Aug 9, 2001.
Published
Motion granted and respondent reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. Concur — Nardelli, J. P., Williams, Mazzarelli, Ellerin and Saxe, JJ. [See, 247 AD2d 158.]