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MAROONICK v. RAE REALTY, LLC

Index No. 152197/17. Appeal No. 15864. Case No. 2021-03164.

205 A.D.3d 423 (2022)

168 N.Y.S.3d 43

2022 NY Slip Op 02952

Josephine Maroonick, Respondent-Appellant, v. Rae Realty, LLC, et al., Appellants-Respondents.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Rebore Thorpe & Pisarello, Farmingdale (Michelle S. Russo of counsel), for appellants-respondents.

Law Offices of Alan A. Tarzy, New York (Alan A. Tarzy of counsel), for respondents-appellants.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.

Plaintiff failed to establish her prima facie entitlement to summary judgment based on the doctrine of res ipsa loquitur, as the accident—the collapse of plaintiff's living room ceiling while she was watching a movie—does not present a situation in which "the plaintiff's circumstantial proof is so convincing and the defendant's response so weak that the inference of defendant's negligence is inescapable" (Tora v GVP AG, 31 A.D.3d 341...

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