Karian v. G & L Realty, LLC

Tom, J.P.,

dissents in a memorandum as follows: The majority holds plaintiff to an inappropriately high standard of proof. The majority’s ruling would, in effect, permit defendant Servi-Tek Elevator Corp., previously under contract with the building owner, to avoid liability by the mere expedient of equivocally asserting that proof of complaints of elevator misleveling is lacking, completely discounting the probative value of the numerous *265complaints made by the tenants, during Servi-Tek’s contract period, to defendant owner concerning this defective condition.

In August 2001, plaintiff, then 68…