McCullough v. Gardner

Judgment unanimously reversed on the law with costs and new trial granted. Memorandum: The trial court erred in refusing to charge the jury that a violation of *938the State Uniform Fire Prevention and Building Code (see, 9 NYCRR part 600 et seq.), adopted by the City of Rochester (see, City of Rochester Code § 39-101), could be considered as evidence of negligence (see, Major v Waverly & Ogden, 7 NY2d 332, 336). The evidence was sufficient to support a finding by the jury that defendant violated the Code and that the violation was a proximate cause of plaintiffs injuries. Therefore, plaintiff…