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DIETZ v. S.K.V., INC.

2885, 108309/07

73 A.D.3d 632 (2010)

900 N.Y.S.2d 865

ANNY C. DIETZ et al., Appellants-Respondents, v. S.K.V., INC., Individually and Doing Business as LA HOUPPA RISTORANTE, Respondent, and MADISON/64TH PROPERTIES, LLC, Respondent-Appellant.

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

Decided May 25, 2010.

The Building Code provisions relied upon by plaintiffs do not apply to the subject staircase (see Reyes v Morton Williams Associated Supermarkets, Inc., 50 A.D.3d 496, 497-498 [2008]; Gaston v New York City Hous. Auth., 258 A.D.2d 220, 223 [1999]). Nor did defendants have notice of any dangerous condition that would otherwise give rise to liability on their part (see generally...

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