Stokes v. Vales Constr. Corp.

269 A.D.2d 274, 704 N.Y.S.2d 455, 2000 N.Y. App. Div. LEXIS 2036

Opinion

—Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered June 12, 1998, which, upon a jury verdict, found defendant Vales Construction Corp. not negligent, unanimously reversed, on the law, without costs, the complaint reinstated against Vales and the matter remanded for a new trial.

The trial court erred when it refused to take “judicial cognizance” of Administrative Code of the City of New York §§ 19-105, 19-106 and 19-107 and to instruct the jury on their meaning and application. The failure to do so deprived plaintiff of a fair trial and this error, standing alone, is sufficient to require reversal of the judgment (Chanler v Manocherian, 151 AD2d 432, 434; McDonald v New York City Health & Hosps. Corp., 203 AD2d 6). Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Ellerin and Andrias, JJ.