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SWITZMAN v. APERION CATERING CORP.

9 Misc.2d 343 (1957)

Rita A. Switzman et al., Respondents, v. Aperion Catering Corp. et al., Appellants, and Seaberg Elevator Co., Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

May 2, 1957.

Attorney(s) appearing for the Case

Frank Kreitzberg for appellants.

Sidney Siller for plaintiffs-respondents.

Robinson & Gales for defendant-respondent.

PETTE, HART and BROWN, JJ., concur.

Per Curiam.

In view of the evidence introduced by plaintiffs to establish specific acts of negligence which caused their injuries, it was error to submit the case to the jury on the theory of res ipsa loquitur (Bressler v. New York R. T. Corp., 270 N.Y. 409; Bailey v. Bethlehem Steel Co., 277 App. Div. 798, affd. 302 N.Y. 717; Goodheart v. American Airlines, 252 App. Div. 660).

The judgment...

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