Lichter v. 349 Amsterdam Avenue Corp.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered November 18, 2003, which granted plaintiffs motion for summary judgment, denied defendant’s cross motion for summary judgment and for dismissal of the complaint on unspecified grounds, and directed an inquest as to damages, unanimously affirmed, with costs.

There are no factual issues with respect to defendant’s responsibility to maintain its chimney. Any responsibility that plaintiff may have had at one time, pursuant to section 27-860 of the Administrative Code of the City of New York, as the neighboring owner of a taller,…