Simko v. CVP I LLC

Full title: BEVERLY SIMKO, Plaintiff-Respondent, v. CVP I LLC, Defendant-Appellant

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 16, 2009

2009 N.Y. Slip Op. 52525 (N.Y. App. Term 2009)

906 N.Y.S.2d 776

Opinion

570614/08.

Decided December 16, 2009.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered August 6, 2008, which denied its motion for summary judgment dismissing the complaint.

Order (Barbara Jaffe, J.), entered August 6, 2008, affirmed, with $10 costs, for the reasons stated by Barbara Jaffe, J. at Civil Court.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.

PER CURIAM.

We agree that this negligence action is not susceptible to summary dismissal at this juncture. The limited evidence contained in the pre-discovery record before us, which sheds little light on the nature and situs of the sprinkler system malfunction giving rise to plaintiff's claims, raises triable issues as to the applicability of the doctrine of res ipsa loquitur ( see Ever Win, Inc. v 1-10 Indus. Assoc., LLC, 33 AD3d 845; see also Payless Discount Ctrs. v 25-29 N. Broadway Corp., 83 AD2d 960).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.