New York Court of Appeals
Edward Schroeder, Appellant and Respondent v. City and County Savings Bank of Albany, Appellant; M. Gerber…
July 19, 1944293 N.Y. 370
Summary
The Court of Appeals held that the doctrine of res ipsa loquitur applies when multiple interdependent defendants share control of the instrumentality that caused injury, affirming the judgment against the Bank but reversing the trial court’s dismissal of the verdicts against M. Gerber Construction Co. and Sano‑Bubin Construction, and granting a new trial on those claims.