Cirino v. Greek Orthodox Community of Yonkers, Inc.

Appellate Division of the Supreme Court of New York

Cirino v. Greek Orthodox Community of Yonkers, Inc.

193 A.D.2d 576, 598 N.Y.S.2d 959

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1993·Published·Cited by 5 cases

Opinion

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered March 14, 1991, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The affidavits submitted by the parties’ experts raised triable issues of fact (see, CPLR 3212) as to whether the height of the guardrails on the second floor of the defendants’ premises complied with the pertinent regulations of the City of Yonkers Building Code. It was therefore proper for the Supreme Court to deny the defendants’ motion for summary judgment dismissing the complaint.

We note further that the defendants have failed to cite any authority for the proposition that the issuance of a certificate of occupancy for a building precludes a finding of negligence based on the existence of building code violations therein. Mangano, P. J., Sullivan, O’Brien and Pizzuto, JJ., concur.

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In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered March 14, 1991, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The affidavits submitted by the parties’ experts raised triable issues of fact (see, CPLR 3212) as to whether the height of the guardrails on the second floor of the defendants’ premises complied with the pertinent regulations of the City of Yonkers Building Code. It was therefore proper for the Supreme Court to deny the defendants’ motion for summary judgment dismissing the complaint.

We note further that the defendants have failed to cite any authority for the proposition that the issuance of a certificate of occupancy for a building precludes a finding of negligence based on the existence of building code violations therein. Mangano, P. J., Sullivan, O’Brien and Pizzuto, JJ., concur.

Cirino v. Greek Orthodox Community of Yonkers, Inc., 193 A.D.2d 576, 598 N.Y.S.2d 959 (N.Y. Ct. App. 1993).

Pincite

193 A.D.2d 576 (Cirino v. Greek Orthodox Community of Yonkers, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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