Aponte
v.
City of N.Y.

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of the State of New YorkOct 18, 2016
39 N.Y.S.3d 151 (N.Y. App. Div. 2016)
39 N.Y.S.3d 151143 A.D.3d 5522016 N.Y. Slip Op. 6788

Cases citing this case

How cited

  • Pugh v. N.Y.C. Hous. Auth.

    …. Similarly and for the same reasons, to the extent Plaintiff's motion is for summary judgment on the issue…

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10-18-2016

Miguel APONTE, Plaintiff–Appellant, v. The CITY OF NEW YORK, et al., Defendants–Respondents.

Mirman, Markovitz & Landau, P.C., New York (David J. Pretter of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Benjamin Welikson of counsel), for respondents.


Mirman, Markovitz & Landau, P.C., New York (David J. Pretter of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Benjamin Welikson of counsel), for respondents.

FRIEDMAN, J.P., ANDRIAS, SAXE, FEINMAN, KAHN, JJ.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered June 17, 2015, which denied plaintiff's motion for partial summary judgment against defendants on the issue of liability, unanimously affirmed, without costs.

The doctrine of res ipsa loquitur does not apply in this case; the doctrine merely permits an inference of negligence to be drawn by the factfinder and summary judgment is warranted only if the facts are undisputed and the inference of negligence is inescapable (see Morejon v. Rais Constr. Co., 7 N.Y.3d 203, 207, 209, 818 N.Y.S.2d 792, 851 N.E.2d 1143 [2006] ). While plaintiff asserts that defendant City's paramedics dropped him while he was strapped into a stair chair and being lifted into an ambulance, the paramedics testified that one of them tripped while moving the stair chair toward a stretcher, but that the chair never fell to the ground and plaintiff was not hurt. Since the parties provide conflicting accounts of how the alleged accident occurred and whether plaintiff suffered injury as a result thereof, the court correctly denied plaintiff's motion for partial summary judgment (id. at 207, 212, 818 N.Y.S.2d 792, 851 N.E.2d 1143 ).