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WEEDEN v. ARMOR ELEVATOR COMPANY, INC

Appellate Division of the Supreme Court of New York, Second Department.
Mar 31, 1986

Judgment affirmed, with costs.

At the trial, the plaintiff relied both on the doctrine of res ipsa loquitur and on specific evidence of negligence. Thus, contrary to the plaintiff's contention, the Trial Judge acted properly when he instructed the jury both on that doctrine and on the elements of negligence (see, Abbott v. Page Airways, 23 N.Y.2d 502, 511-512; Weeden v. Armor Elevator Co., 97 A.D.2d 197, 202). Mollen, P.J., Thompson, Rubin and Spatt, JJ., concur.