Simko v CVP I LLC

[*1] Simko v CVP I LLC 2009 NY Slip Op 52525(U) [25 Misc 3d 143(A)] Decided on December 16, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 16, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570614/08.

Beverly Simko, Plaintiff-Respondent,

against

CVP I LLC, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered August 6, 2008, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Barbara Jaffe, J.), entered August 6, 2008, affirmed, with $10 costs, for the reasons stated by Barbara Jaffe, J. at Civil Court.

We agree that this negligence action is not susceptible to summary dismissal at this juncture. The limited evidence contained in the pre-discovery record before us, which sheds little light on the nature and situs of the sprinkler system malfunction giving rise to plaintiff's claims, raises triable issues as to the applicability of the doctrine of res ipsa loquitur (see Ever Win, Inc. v 1-10 Indus. Assoc., LLC, 33 AD3d 845 [2006]; see also Payless Discount Ctrs. v 25-29 N. Broadway Corp., 83 AD2d 960 [1981]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 16, 2009