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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department – Res ipsa loquitur: McGirr v. Shifflet

Fourth Department – Res ipsa loquitur: McGirr v. Shifflet

New York State Supreme Court, Appellate Division, Fourth Judicial Department Res ipsa loquitur Exclusive control McGirr v. Shifflet CA 21-00451 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries he sustained when, while renting the defendant’s cottage, a portion of the deck abutting the cottage separated from the house, causing the deck to sink ...