Morejon v. Rais Constr. Co

In Morejon v. Rais Constr. Co., (7 NY3d 203 [2006]), the Court of Appeals declined to hold that summary judgment could never be appropriate in a res ipsa loquitur case, instead finding that it is justified "only in the rarest of res ipsa loquitur cases . . . when the plaintiff's circumstantial proof is so convincing and the defendant's response so weak that the inference of defendant's negligence is inescapable."