Singh v. United Cerebral Palsy of N.Y.C., Inc.
Appellate Division of New York
896 N.Y.S.2d 22 (2010)
Singh (plaintiff) was injured when UCP's (defendant) automatic swinging doors closed on her, allegedly due to a defective motion sensor; UCP argued the sensor was not within its exclusive control since outside contractor Reliable performed occasional as-needed repairs on it, and UCP, Miric, and Reliable all moved for summary judgment, which the lower court denied.
Whether a plaintiff sufficiently states a negligence claim on a theory of res ipsa loquitur if the plaintiff can show that the incident was of a kind that would ordinarily not occur in the absence of negligence, was caused by something within the defendant's exclusive control, and was not due to the plaintiff's voluntary action or contribution.