McCULLOUGH v. GARDNER


187 A.D.2d 937 (1992)

Terry E. McCullough, Appellant, v. Thomas Gardner, Respondent

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

November 18, 1992


Judgment unanimously reversed on the law with costs and new trial granted.

Memorandum:

The trial court erred in refusing to charge the jury that a violation of the State Uniform Fire Prevention and Building Code (see, 9 NYCRR part 600 et seq.), adopted by the City of Rochester (see, City of Rochester Code § 39-101), could be considered as evidence of negligence (see, Major v Waverly...

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