LAPADULA v. J.A.A. GROCERY CORP.


37 A.D.3d 237 (2007)

829 N.Y.S.2d 103

MARIAN LAPADULA et al., Respondents, v. J.A.A. GROCERY CORP., Doing Business as 8TH AVENUE GROCERY, et al., Appellants.

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

Decided February 13, 2007.


Plaintiff was allegedly injured when she stepped off a front-door step measuring 9 inches in height, and thus exceeding the 7½-inch maximum height differential specified in the applicable Building Code provision (see Administrative Code of City of NY § 27-371 [h]). Given the evidence of a significant structural or design defect in violation of a specific code safety provision, a triable issue exists as to whether defendant landlord 46 Estates Corp., which...

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