Olga Corcoran v. Banner Super Market, Inc., and Frances J. Phelan, as Executors of Margaret L. Kane

Summary

The New York Court of Appeals held that res ipsa loquitur may be applied against the owner (executors of Margaret L. Kane) because each adjoining owner shares a duty to inspect the common board, but it is not applicable to the lessee Banner Super Market, Inc. because its lease imposed no duty to maintain the exterior and no specific negligence was shown. The Court reversed the dismissal of the claim against the owners and affirmed the dismissal of the claim against the lessee, granting a new trial on the owners’ liability.