¶1concur in the following memorandum by McNally, J. P. I concur for reversal but would not exclude the theory of res ipsa loquitur. A plaintiff does not lose the benefit of the rule by proving the existence of attendant circumstances which tend to show a possible culpable cause of accident but do not completely explain the occurrence. (Schroeder v. City & County Sav. Bank of Albany, 293 N. Y. 370; McKenna v. Allied Chem. & Dye Corp., 8 A D 2d 463; Whylie v. Craig Hall, Inc., 272 App. Div. 603; NYPJI 2:65, p. 147.)
25 A.D.2d 621
Breese v. Hertz Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1966
Appellate Division of the Supreme Court of the State of New York · decided 1966-03-08
Relies on Schroeder v. City County Savings Bank, Albany
Decided 1966-03-08