Arroyo v. State

Full title: RAFAEL ARROYO, Appellant, v. STATE OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 26, 1987

130 A.D.2d 700 (N.Y. App. Div. 1987)

Opinion

May 26, 1987

Appeal from the Court of Claims (McCabe, J.).

Ordered that the judgment is affirmed, without costs or disbursements.

We agree with Judge McCabe that the claimant failed to establish a prima facie case of negligence against the defendant and that the doctrine of res ipsa loquitur has no application to the facts of this case. Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.