Legal Opinion

Altschuler v. Gramatan Management, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 2006PublishedCited by 12 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Saralee Evans, J.), entered November 23, 2004, which granted defendant Daffy’s motion and codefendant Builtland Partners’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to raise a triable issue as to any Building Code violations as a basis for her negligence claim. The building at issue was constructed in 1905, and thus was grandfathered under the Code as it existed at that time (see Administrative Code of City of NY § 27-105). Plaintiff neither alleged any violation of the 1905 Code nor…

2Cases cited3 opinions

  1. Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
  2. James v. Jamie Towers Housing Co.New York Court of Appeals · 2003
  3. James v. Jamie Towers Housing Co.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by12 opinions

  1. Filannino v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  2. Sonne v. Board of Trustees of Village of SuffernAppellate Division of the Supreme Court of the State of New York · 2009
  3. Kershaw v. Hospital for Special SurgeryAppellate Division of the Supreme Court of the State of New York · 2013
  4. Conklin v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  5. Sarmiento v. C & E AssociatesAppellate Division of the Supreme Court of the State of New York · 2007

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