Associated Mutual Insurance Cooperative v. 198, LLC

Friedman, J.P., and McGuire, J.,

concur in a separate memorandum by McGuire, J., as follows: I agree with defendant-appellant’s contention that liability cannot be predicated on a violation of former section 26-235 of the Administrative Code of the City of New York because the obligation to seal a vacant building in a manner approved by the Commissioner is not triggered simply by a building being vacant and not continuously guarded. Plaintiff’s position that the issuance of an administrative order is not a necessary condition to this obligation is contradicted by the plain language of 1 RCNY…