Piece of Bedroom Ceiling Fell on Tenant's Head

Tenant sued landlord for negligence. She was injured when a portion of her bedroom ceiling fell on her head while she was sleeping. Landlord asked the court to dismiss the case without a trial, while tenant argued that landlord's negligence in this instance spoke for itself. The court ruled against landlord. A trial was needed to determine the facts, since tenant claimed that she had told the building super about the ceiling condition and that she was afraid it would fall. But the doctrine of res ipsa loquitur didn't apply. That rule of evidence permits an inference of negligence when: (a) the event is of the kind that ordinarily doesn't occur in the absence of someone's negligence; (b) the thing that caused the injury is within landlord's control; and (c) the injury wasn't the result of any voluntary action by tenant. 

Correa v. Matsias: 2017 NY Slip Op 06520, 2017 WL 4159254 (App. Div. 2 Dept.; 9/20/17; Mastro, JP, Hall, Cohen, Iannacci, JJ)