Bryant v. Boulevard Story, LLC

Plaintiffs submissions in opposition to defendants’ motions, including her deposition testimony and her affidavit estimating that the subject elevator misleveled by approximately V-h to 2V2 *429inches, were sufficient to raise a triable issue of fact as to whether defendant Uplift Elevator, Inc. (Uplift) was negligent in failing “to discover and correct a [misleveling problem] which it ought to have found” (Oettinger v Montgomery Kone, Inc., 34 AD3d 969, 970 [2006], quoting Rogers v Dorchester Assoc., 32 NY2d 553, 559 [1973]; see also Dickman v Stewart Tenants Corp., 221 AD2d 158 [1995]).…