Sexstone v. City of Rochester

Judgment and order dismissing complaint as to defendant city

unanimously reversed and motion denied, and order granting motion to dismiss as to defendant Hanford unanimously affirmed, all without costs. Memorandum: The complaint against the city stated a cause of action for negligence against the city. The issuance by it of a certificate of occupancy for a building with violations would be a violation of subdivision 3 of section 302 of the Multiple Residence Law. It should have been obvious to the city that in view of subdivision 5 of section 302 of the Multiple Residence Law the certificate…