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George Foltis, Inc. v. City of New York
New York Court of Appeals
287 N.Y. 108 (1941)
- Written by Brian Meadors, JD
Facts
The company George Foltis, Inc. (Foltis) (plaintiff) operated a restaurant in New York City. A water main belonging to the City of New York (defendant) burst. The leaking water damaged the restaurant. Foltis sued. At trial, neither Foltis nor the city provided evidence showing why the pipe burst. The trial court directed a verdict in Foltis’s favor, citing the rule of res ipsa loquitur. The pipe was in the exclusive control of the city, and the city’s pipes did not ordinarily break. The city appealed.
Rule of Law
Issue
Holding and Reasoning (Lehman, C.J.)
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