Ianotta v. Tishman Speyer Properties, Inc.

I respectfully dissent because I believe that this case is indistinguishable from our holding in Santoni v Bertelsmann Prop., Inc. (21 AD3d 712 [2005]), and that the doctrine of res ipsa loquitur cannot cure the deficiencies in the plaintiffs proof. I concur with the majority’s conclusion that res ipsa cannot exist independently of proof of some negligence. (Abbott v Page Airways, 23 NY2d 502 [1969].) The record, however, does not establish any negligence on the part of the landlord and so the doctrine should not be applied.

Res ipsa permits a jury to draw, the inference of negligence from the…