Pavon v. Rudin

In Pavon v. Rudin, 254 AD2d 143, 679 N.Y.S.2d 27 (1st Dept 1998), the First Department held that plaintiff established that res ipsa loquitur applied when a door fell because of a problem with the door hinge. The Pavon court held that, although the public used the door at issue, "the appropriate target of inquiry is whether the broken component itself was generally handled by the public." Id. at 146. Because the door hinge at issue could not be easily reached, the court found that it was highly unlikely that an employee or member of the public could have touched it. See id.