Gruber v. Latello

—Order insofar as appealed from unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiff’s motion for summary judgment with re*1034spect to liability against L V & L Resort Corporation (defendant). Defendant’s violation of 10 NYCRR 6-2.14 as determined at an administrative proceeding by the Erie County Department of Health did not constitute negligence per se. It is well settled "that the violation of a rule of an administrative agency * * * lacking the force and effect of a substantive legislative enactment, is 'merely some evidence…