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APONTE v. CITY OF NEW YORK

1944, 303070/12.

143 A.D.3d 552 (2016)

2016 NY Slip Op 06788

39 N.Y.S.3d 151

MIGUEL APONTE, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 18, 2016.

The doctrine of res ipsa loquitur does not apply in this case; the doctrine merely permits an inference of negligence to be drawn by the factfinder and summary judgment is warranted only if the facts are undisputed and the inference of negligence is inescapable (see Morejon v Rais Constr. Co., 7 N.Y.3d 203, 207, 209 [2006]). While plaintiff asserts that defendant City's paramedics dropped him while he was strapped into a stair chair...

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