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Singh v. United Cerebral Palsy of N.Y.C., Inc.

896 N.Y.S.2d 22 (2010)

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Singh v. United Cerebral Palsy of N.Y.C., Inc.

Appellate Division of New York

896 N.Y.S.2d 22 (2010)

Facts

Sianna Singh was injured when the automatic swinging doors of any entryway she was walking through closed on her. The doors were located in a building owned and occupied by United Cerebral Palsy of New York City, Inc. (UCP). UCP contracted with Miric Industries Incorporated (Miric) to do repair work as-needed in the building. Miric contracted with Reliable Door Corp. (Reliable) for any repairs needed on the doors. Singh (plaintiff) sued UCP (defendant), arguing that the doors’ automatic motion sensor, mounted over the doors, was defective. Singh asserted the doctrine of res ipsa loquitur, arguing that the accident was not the type that would normally occur in the absence of negligence. UCP brought a third-party action against Miric and Reliable. UCP, Miric, and Reliable moved for summary judgment dismissing the complaints against them. The lower court denied the motions, and UCP, Miric, and Reliable appealed.

Rule of Law

Issue

Holding and Reasoning (Richter, J.)

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