SEXSTONE v. CITY OF ROCHESTER


32 A.D.2d 737 (1969)

C. William Sexstone et al., Appellants, v. City of Rochester et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 15, 1969


Judgment and order dismissing complaint as to defendant city unanimously reversed and motion denied, and order granting motion to dismiss as to defendant Hanford unanimously affirmed, all without costs.

Memorandum:

The complaint against the city stated a cause of action for negligence against the city. The issuance by it of a certificate of occupancy for a building with violations would be a violation of subdivision 3 of section 302 of the Multiple Residence...

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