ALTSCHULER v. GRAMATAN MANAGEMENT, INC.


27 A.D.3d 304 (2006)

811 N.Y.S.2d 379

LUCILLE ALTSCHULER, Appellant, v. GRAMATAN MANAGEMENT, INC., et al., Defendants, and DAFFY'S, INC., et al., Respondents.

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

March 16, 2006.


Plaintiff failed to raise a triable issue as to any Building Code violations as a basis for her negligence claim. The building at issue was constructed in 1905, and thus was grandfathered under the Code as it existed at that time (see Administrative Code of City of NY § 27-105). Plaintiff neither alleged any violation of the 1905 Code nor offered evidence to show a renovation of the type that might have avoided the grandfathering provision. Nor did plaintiff's...

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