Opinion
03-03-2016
Nenad ZECEVIC, et al., Plaintiffs–Appellants, v. LAN CARGO S.A., et al., Defendants–Respondents, TGT Transport, Inc., Defendant.
Jaroslawicz & Jaros, LLC, New York (Norman E. Frowley of counsel), for appellants. Brown Gavalas & Fromm LLP, New York (David H.Fromm of counsel), for respondents.
Jaroslawicz & Jaros, LLC, New York (Norman E. Frowley of counsel), for appellants.
Brown Gavalas & Fromm LLP, New York (David H.Fromm of counsel), for respondents.
Order, Supreme Court, New York County (Anil C. Singh, J.), entered February 5, 2015, which, insofar as appealed from as limited by the briefs, denied plaintiffs' motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
Plaintiff Nenad Zecevic was allegedly injured after a crate weighing approximately 400 pounds fell on him as he was working at John F. Kennedy International Airport. Defendants contend that an unusually strong wind caused the crate to fall.
Supreme Court properly denied plaintiffs' motion for partial summary judgment on the issue of liability. Although plaintiffs may be entitled to invoke the doctrine of res ipsa loquitur at trial, they are not entitled to partial summary judgment because the circumstantial proof is insufficient to create an inescapable inference of defendants' negligence (see Morejon v. Rais Constr. Co., 7 N.Y.3d 203, 209, 818 N.Y.S.2d 792, 851 N.E.2d 1143 [2006] ; Stubbs v. 350 E. Fordham Rd., LLC, 117 A.D.3d 642, 644, 988 N.Y.S.2d 579 [1st Dept.2014] ; Palomo v. 175th St. Realty Corp., 101 A.D.3d 579, 581, 957 N.Y.S.2d 49 [1st Dept.2012] ; Tora v. GVP AG, 31 A.D.3d 341, 819 N.Y.S.2d 730 [1st Dept.2006] ).
MAZZARELLI, J.P., SWEENY, MANZANET–DANIELS, GISCHE, JJ., concur.