Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
27 New York opinions name it 1 courts 1992–2018 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dermatossian v. New York City Transit Authoritygreen2 sentences2018Auth. , 67 NY2d 219, 226-228 [1986]; Meza v 509 Owners LLC , 82 AD3d 426 [1st Dept 2011]; Giordano v Toys R Us , 276 AD2d 669 [2d Dept 2000]). 2013Auth., 67 NY2d 219, 226 [1986]). | 3 | 4 |
Pintor v. 122 Water Realty, LLCgreen2 sentences2015The doctrine of res ipsa loquitur is inapplicable to this case, since defendants did not have exclusive control over the ceiling during the tenancy of plaintiff’s domestic partner, the tenant of record (see Pintor v 122 Water Realty, LLC, 90 AD3d 449, 451 [1st Dept 2011]). 2015The doctrine of res ipsa loquitur is inapplicable to this case, since defendants did not have exclusive control over the ceiling during the tenancy of plaintiff’s domestic partner, the tenant of record (see Pintor v 122 Water Realty, LLC, 90 AD3d 449, 451 [1st Dept 2011]). | 2 | 2 |
Cohen v. Interlaken Owners, Inc.green2 sentences2014It is undisputed that only postal employees, like plaintiff, were given a key (see Cohen v Interlaken Owners, 275 AD2d 235, 237 [1st Dept 2000]). 2014It is undisputed that only postal employees, like plaintiff, were given a key (see Cohen v Interlaken Owners, 275 AD2d 235, 237 [1st Dept 2000]). | 2 | 2 |
Kambat v. St. Francis Hospitalgreen2 sentences2005Francis Hosp., 89 NY2d 489 [1997]; Abbott v New Rochelle Hosp. 2003Francis Hosp., 89 NY2d 489, 494 [1997]; Dermatossian v New York City Tr. | 1 | 2 |
Morejon v. Rais Construction Co.green1 sentence2018Co. , 7 NY3d 203, 209 [2006]). | 1 | 1 |
Dittiger v. Isal Realty Corp.green1 sentence2017Logistics, LLC, 146 AD3d 925, 927 [2017]; Brown v Howson, 129 AD3d 570 [2015]; cf. Dittiger v Isal Realty Corp., 290 NY 492, 496 [1943]). | 1 | 1 |
Ciaravino v. Bulldog National Logistics, LLCgreen1 sentence2017Logistics, LLC, 146 AD3d 925, 927 [2017]; Brown v Howson, 129 AD3d 570 [2015]; cf. Dittiger v Isal Realty Corp., 290 NY 492, 496 [1943]). | 1 | 1 |
Fasano v. Euclid Hall Associates, L.P.green1 sentence2016Auth.,10 NY2d 621, 623 [1987]; Fasano v Euclid Hall Assoc., L.P., 136 AD3d 478, 479 [1st Dept 2016]; Hodges v Royal Realty Corp., 42 AD3d 350 [1st Dept 2007]). | 1 | 1 |
Pavon v. Rudingreen1 sentence2012The doctrine of res ipsa loquitur is inapplicable; the terms of the lease, which placed responsibility for maintenance of nonstructural conditions of the premises on the tenant, establish that the owner and managing agent did not have exclusive control of the electrical system at the premises (see Pavon v Rudin, 254 AD2d 143, 147 [1998]). | 1 | 1 |
Marszalkiewicz v. Waterside Plaza, LLCgreen1 sentence2007The doctrine of res ipsa loquitur is inapplicable (see Marszalkiewicz v Waterside Plaza, LLC, 35 AD3d 176, 177 [2006]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jansen v. Roosevelt Union Free School District
green
2 sentences2014Finally, in opposition to the defendants’ prima facie showings that the doctrine of res ipsa loquitur is inapplicable, the plaintiffs failed to raise a triable issue of fact (see Jansen v Roosevelt Union Free School Dist., 302 AD2d 495 [2003]). 2014Finally, in opposition to the defendants’ prima facie showings that the doctrine of res ipsa loquitur is inapplicable, the plaintiffs failed to raise a triable issue of fact (see Jansen v Roosevelt Union Free School Dist., 302 AD2d 495 [2003]). | 2 | 2014–2014 |
Epstein v. Epstein
green
2 sentences2012The doctrine of res ipsa loquitur is inapplicable to the facts of this case, since trips and falls are not the kinds of events that ordinarily occur absent someone’s negligence (see Smith, 91 AD3d at 457 ). 2012The doctrine of res ipsa loquitur is inapplicable to the facts of this case, since trips and falls are not the kinds of events that ordinarily occur absent someone’s negligence (see Smith, 91 AD3d at 457 ). | 2 | 2012–2012 |
Ramjohn v. Port Authority of New York & New Jersey
green
1 sentence2018Furthermore, in opposition to the defendants' prima facie showing that the doctrine of res ipsa loquitur is inapplicable to this case, the plaintiff failed to raise a triable issue of fact ( see Ramjohn v Port Auth. of N.Y. & N.J. , 151 AD3d 1090, 1092 ; Doxey v Freeport Union Free Sch. | 1 | 2018–2018 |
Meza v. 509 Owners LLC
green
1 sentence2018Auth. , 67 NY2d 219, 226-228 [1986]; Meza v 509 Owners LLC , 82 AD3d 426 [1st Dept 2011]; Giordano v Toys R Us , 276 AD2d 669 [2d Dept 2000]). | 1 | 2018–2018 |
Doxey v. Freeport Union Free School District
green
1 sentence2018Dist ., 115 AD3d 907 , 909; see generally Dermatossian v New [*2]York City Tr. | 1 | 2018–2018 |
Giordano v. Toys \R\" Us
green
1 sentence2018Auth. , 67 NY2d 219, 226-228 [1986]; Meza v 509 Owners LLC , 82 AD3d 426 [1st Dept 2011]; Giordano v Toys R Us , 276 AD2d 669 [2d Dept 2000]). | 1 | 2018–2018 |
Brown v. Howson
green
1 sentence2017Logistics, LLC, 146 AD3d 925, 927 [2017]; Brown v Howson, 129 AD3d 570 [2015]; cf. Dittiger v Isal Realty Corp., 290 NY 492, 496 [1943]). | 1 | 2017–2017 |
People v. Cambridge
green
1 sentence2016Auth.,10 NY2d 621, 623 [1987]; Fasano v Euclid Hall Assoc., L.P., 136 AD3d 478, 479 [1st Dept 2016]; Hodges v Royal Realty Corp., 42 AD3d 350 [1st Dept 2007]). | 1 | 2016–2016 |
Alomsi v. 250 Dean, LLC
green
1 sentence2015Co. of Midwest v Orange & Rockland Utils., Inc., 103 AD3d 846 , 847 [2013]; Ali Abd Aloan Alomsi v 250 Dean, LLC, 101 AD3d at 1057 ; One Beacon Ins. | 1 | 2015–2015 |
Hartford Insurance Co. of Midwest v. Orange & Rockland Utilities, Inc.
green
1 sentence2015Co. of Midwest v Orange & Rockland Utils., Inc., 103 AD3d 846 , 847 [2013]; Ali Abd Aloan Alomsi v 250 Dean, LLC, 101 AD3d at 1057 ; One Beacon Ins. | 1 | 2015–2015 |
North Star Contracting Corp. v. Burton F. Clark, Inc.
neutral
1 sentence2011Corp. v Burton F. Clark, Inc., 214 AD2d 550 [1995]; Board of Educ. of Ellenville Cent. | 1 | 2011–2011 |
Di Santo v. County of Westchester
green
1 sentence2003We note, however, that the doctrine of res ipsa loquitur is inapplicable to the facts of this case (see Di Santo v County of Westchester, 210 AD2d 628 [1994]). | 1 | 2003–2003 |
Sinto v. City of Long Beach
neutral
1 sentence2003In this regard, we note that contrary to her contention, the doctrine of res ipsa loquitur is inapplicable to this case (see Sinto v City of Long Beach, supra). | 1 | 2003–2003 |
Raimondi v. New York Racing Ass'n
green
1 sentence2002The School District did not have exclusive control of the accident-causing instrumentality because the public possessed unfettered access to all the swings at the playground (see, Thompson v Pizza Hut of Am., 262 AD2d 302 ; Raimondi v New York Racing Assn., 213 AD2d 708 ). | 1 | 2002–2002 |
Thompson v. Pizza Hut of America, Inc.
green
1 sentence2002The School District did not have exclusive control of the accident-causing instrumentality because the public possessed unfettered access to all the swings at the playground (see, Thompson v Pizza Hut of Am., 262 AD2d 302 ; Raimondi v New York Racing Assn., 213 AD2d 708 ). | 1 | 2002–2002 |
Feblot v. New York Times Co.
green
1 sentence2001Auth., 67 NY2d 219; Feblot v New York Times Co., 32 NY2d 486 ), we affirm on a different ground. | 1 | 2001–2001 |
Cerrito v. Galioto
green
1 sentence1998In light of this proof, we conclude that plaintiffs failed to demonstrate that defendant exercised exclusive control over the instrumentality which caused Harp’s injuries and that, therefore, the doctrine of res ipsa loquitur is inapplicable (s ee, Pulley v McNeal, 240 AD2d 913, 914 ; Caffiero v Shore, 216 AD2d 265 , lv denied 87 NY2d 802 ). | 1 | 1998–1998 |
Pulley v. McNeal
green
2 sentences1998In light of this proof, we conclude that plaintiffs failed to demonstrate that defendant exercised exclusive control over the instrumentality which caused Harp’s injuries and that, therefore, the doctrine of res ipsa loquitur is inapplicable (s ee, Pulley v McNeal, 240 AD2d 913, 914 ; Caffiero v Shore, 216 AD2d 265 , lv denied 87 NY2d 802 ). 1998Accordingly, defendant’s motion for summary judgment dismissing the complaint was properly granted (see, Pulley v McNeal, supra). | 1 | 1998–1998 |
Fogal v. Genesee Hospital
green
1 sentence1992Furthermore, contrary to the plaintiff’s contention, we are of the view that the doctrine of res ipsa loquitur is inapplicable to the facts of this case (see, Fogal v Genesee Hosp., 41 AD2d 468, 475 ; Schoch v Dougherty, 122 AD2d 467, 469 ). | 1 | 1992–1992 |
Schoch v. Dougherty
green
1 sentence1992Furthermore, contrary to the plaintiff’s contention, we are of the view that the doctrine of res ipsa loquitur is inapplicable to the facts of this case (see, Fogal v Genesee Hosp., 41 AD2d 468, 475 ; Schoch v Dougherty, 122 AD2d 467, 469 ). | 1 | 1992–1992 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.