BUCHHOLZ v. TRUMP 767 FIFTH AVENUE, LLC


4 A.D.3d 178 (2004)

772 N.Y.S.2d 257

DEBORAH BUCHHOLZ, Individually and as Executrix of DOUGLAS BUCHHOLZ, Deceased, Respondent, v. TRUMP 767 FIFTH AVENUE, LLC, Appellant.

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

February 17, 2004.


As a matter of law, section 27-651 of the Administrative Code of the City of New York, upon which plaintiff relies, does not apply to the window in question. That section, by its terms, clearly applies only to glass panels normally subject to human impact loads, i.e., "Glass in prime and storm doors, interior doors, fixed glass panels that may be mistaken for means of egress or ingress, shower doors and tub enclosures, or in similar installations" (emphasis added)...

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