In an ac
Ordered that the order is affirmed, with costs.
The plaintiffs moved for partial summary judgment on the issue of liability on their claims asserted against the defendants Dix Hills Supercenter, Ltd., Peter A. Monsen, individually and doing business as Yoga College of India, Patricia A. Monsen and Peter A. Monsen, individually and doing business as Bikram College of India, and Yoga Bears, Inc., based on the doctrine of res ipsa loquitur.
As the moving parties, the plaintiffs were required to tender evidentiary proof in admissible form sufficient to warrant judgment in their favor as a matter of law (see Zuckerman v City of New York,
In any event, application of the doctrine of res ipsa loquitur as a basis for granting summary judgment in this case would have been inappropriate (see Dermatossian v New York City Tr. Auth.,
