Lesocovich v. 180 Madison Avenue Corp.

Levine, J. (dissenting).

We respectfully dissent. In our view, the deposition testimony of Beth Van Demark and of Frank Commisso, a principal stockholder in defendant, sufficiently raised triable issues of fact to preclude summary judgment against plaintiff Michael W. Lesocovich (hereinafter plaintiff). Van Demark was a 23-year-old, unmarried nursery school teacher at the time of the accident. She and another young, single, employed adult woman had leased the second floor apartment in defendant’s building. The entire building consisted of a one-story wing and a three-story wing. The first…