The Appellate Division affirmed the order which denied defendant's motion for summary judgment dismissing the complaint. Plaintiff's failure to specifically plead res ipsa loquitur does not bar her from invoking the doctrine where, as here, the facts warrant its application. A sidewalk collapse is not the type of incident which ordinarily occurs in the absence of negligence, and defendant failed to show that it did not have exclusive control over the maintenance and repair of the sidewalk slab which collapsed. In addition, defendant did not demonstrate that plaintiff's own negligence caused the collapse.
Williams v. Forward Realty Corp., NY Slip Op 05658 (1st Dep't October 14, 2021)
