Pursuant to a comment regarding my post on the use of res ipsa loquitur on summary judgment, I am posting Kemak v. Syracuse Univ.  In that case, the plaintiff was injured when the arm from a toll gate under which he was walking fell on his head.  Justice Bender discussed some of the conflicting decision within the Appellate Division, Fourth Department on whether a plaintiff may be granted summary judgment using the doctrine of res ipsa loquitur.