Yenem Corp. v. 281 Broadway Holdings

OPINION OF THE COURT

Tom, J.P

This appeal presents the narrow issue of whether a municipal ordinance imposes absolute liability for its violation so as to warrant summary judgment in favor of plaintiffs, the owner and tenant of the subject premises, for damage resulting from defendants’ excavation on the adjacent property. The controversy is governed by this Court’s decision in Coronet Props. Co. v L/M Second Ave. (166 AD2d 242 [1990]), which is wholly dis-positive. There is evidence, in the form of engineers’ affidavits and reports, that the subject building was in poor structural *227condition…