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RED APPLE SUPERMARKETS, INC. v. HUDSON TOWERS HOUSING COMPANY, INC.

58 A.D.3d 420 (2009)

869 N.Y.S.2d 779

RED APPLE SUPERMARKETS, INC., et al., Appellants, v. HUDSON TOWERS HOUSING COMPANY, INC., et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

January 6, 2009.

Plaintiff Gristede's failed to prove the elements necessary for a res ipsa loquitur charge (see Dermatossian v New York City Tr. Auth., 67 N.Y.2d 219, 226 [1986]). There was no evidence that the power outage was of the kind ordinarily resulting from negligence. There was also no proof that the alleged negligence was a proximate cause of plaintiffs' damages.

In directing the verdict, the court gave plaintiffs every favorable...

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