There are no factual issues with respect to defendant's responsibility to maintain its chimney. Any responsibility that plaintiff may have had at one time, pursuant to section 27-860 of the Administrative Code of the City of New York, as the neighboring owner of a taller, later-built building, was extinguished in or about 1947, when defendant discontinued the use of the chimney, and was not reactivated when such use was resumed almost 40 years later. Defendant failed to establish...
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