Cohen v. Lesbian & Gay Community Services Center, Inc.

*310Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered on or about October 23, 2002, which to the extent appealed from, awarded summary judgment in plaintiffs favor, declaring that defendant Lesbian & Gay Community Services Center, Inc. is solely responsible for the repair and maintenance of its exposed basement and vault wall, unanimously affirmed, without costs.

Administrative Code of the City of New York § 27-1031 (b) (1) provides that an excavator’s duty to “preserve and protect” adjoining structures applies when the excavation exceeds a depth of 10 feet from curb level,…