George Foltis, Inc., Respondent v. City of New York, Appellant

Summary

The New York Court of Appeals reversed the trial court’s directed verdict for the plaintiff and remanded for the trial court to consider the pending motions after the jury’s findings, holding that the trial judge erred in granting a verdict despite the jury’s lack of finding negligence under res ipsa loquitur. Justice Loughran dissented, arguing the trial judge correctly applied the doctrine and should be affirmed.