O'Connell v. Kavanagh

Andrias, J. (dissenting).

I would affirm.

While McGee v Adams Paper & Twine Co. (26 AD2d 186, 195, affd 20 NY2d 921) may not require a showing of the same degree of proximate cause as in a common-law negligence cause of action, it still requires a showing of a "practical or reasonable connection” between the violation, and the injury sustained.

In Lusenskas v Axelrod (183 AD2d 244, appeal dismissed 81 NY2d 300), a case in which the sole issue was constructive notice to the landlord of the violation not causation, there was a sufficient causal connection established where the lack of a…