E.B.-W. v. NEW YORK CITY HOUS. AUTH.

350031/15. M-1182.

185 A.D.3d 458 (2020)

127 N.Y.S.3d 469

2020 NY Slip Op 03865

E.B.-W., an Infant, by Her Mother and Natural Guardian, Dominique Bou, et al., Respondents, v. New York City Housing Authority, Appellant.

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

Decided July 9, 2020.


Defendant failed to establish prima facie that Administrative Code § 27-809 did not apply to the building in which infant plaintiff's accident occurred. Defendant's Director for Capital Projects Administration failed to explain how he arrived at his conclusion, or to submit documentation in support thereof, that the building does not fall within an exception to the Code's grandfathering rule, namely where alterations made to the building cost at least thirty percent...

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