Yenem Corp. v. 281 Broadway Holdings

Catterson, J. (dissenting).

I must respectfully dissent

because the provision at issue, though now part of the Administrative Code of the City of New York, had its origin in state law; therefore absolute liability may be imposed if a plaintiff can prove that violation of the provision was the proximate cause of injuries. Moreover, in this case, affidavits submitted by the defendants constitute written admissions that they violated the provision by failing to protect the adjoining structure during excavation operations. This failure proximately caused the structure to list more than three inches…