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GIORDANO v. TOYS "R" US, INC.

276 A.D.2d 669 (2000)

714 N.Y.S.2d 746

FRANK GIORDANO, Appellant, v. TOYS "R" US, INC., et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 23, 2000.

Ordered that the order is affirmed, with costs.

The doctrine of res ipsa loquitur permits an inference of negligence to be drawn solely from the happening of an accident "upon the theory that `certain occurrences contain within themselves a sufficient basis for an inference of negligence'" (Dermatossian v New York City Tr. Auth., 67 N.Y.2d 219, 226, quoting Foltis, Inc. v City of New York, 287 N.Y. 108, 116). The ...

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