COHEN v. LESBIAN & GAY COMMUNITY SERVICES CENTER, INC.


20 A.D.3d 309 (2005)

799 N.Y.S.2d 190

FAYA B. COHEN, Respondent, v. LESBIAN & GAY COMMUNITY SERVICES CENTER, INC., Appellant, et al., Defendants.

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

July 7, 2005.


Administrative Code of the City of New York § 27-1031 (b) (1) provides that an excavator's duty to "preserve and protect" adjoining structures applies when the excavation exceeds a depth of 10 feet from curb level, and there is strong indication that plaintiff Cohen's predecessor did in fact excavate to a depth triggering the aforementioned excavator's obligations. We cannot, however, agree with defendant-appellant that the excavator's duty to "preserve and protect"...

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