Opinion
Submitted April 26, 2000.
June 12, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered July 30, 1999, which granted the defendants' motion for summary judgment dismissing the complaint.
Richard G. Monaco, Bronx, N.Y., for appellant.
Boeggeman, George, Hodges Corde, P.C., White Plains, N Y (Cynthia Dolan of counsel), for respondents.
Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
After the defendants made out a prima facie case for summary judgment, the plaintiff presented evidence which raised an issue of fact to warrant submission to a jury of the plaintiff's theory of res ipsa loquitur (see, Dawson v. National Amusements, 259 A.D.2d 329; Finocchio v. Crest Hollow Club at Woodbury, 184 A.D.2d 491; Nosowitz v. 75-76 Polk Avenue Corp., 34 A.D.2d 648). The Supreme Court therefore erred in granting the defendants' motion for summary judgment.