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MEJIA v. DELGADO

6382 157361/14.

160 A.D.3d 588 (2018)

75 N.Y.S.3d 14

2018 NY Slip Op 02893

Letys Mejia, Respondent, v. Samuel Delgado, Jr., et al., Appellants.

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

Decided April 26, 2018.

Defendants failed to establish that the theory of res ipsa loquitur is inapplicable to this case (see Dermatossian v New York City Tr. Auth., 67 N.Y.2d 219, 226-227 [1986]; Crawford v City of New York, 53 A.D.3d 462, 464 [1st Dept 2008]). They do not dispute that the wooden deck that collapsed has been in their exclusive control since 2009, when they purchased their house. They argue that...

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