| Anderson v Creston Assoc., LLC |
| 2009 NY Slip Op 01342 [59 AD3d 298] |
| February 24, 2009 |
| Appellate Division, First Department |
| Gail Anderson, Respondent, v Creston Associates, LLC,Appellant. |
—[*1] Jason Levine, New York, for respondent.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered January 2,2008, which granted plaintiff's motion for partial summary judgment, unanimously reversed, onthe law, without costs, the motion denied and the matter remanded for further proceedings.
General Municipal Law § 205-e created a cause of action for police officers injured inthe course of their duties, where such injuries are shown to be practically and reasonablyconnected to a violation by the defendant of a statute or code. There are triable issues of fact hereas to the applicability of various provisions of the Building Code relied on by plaintiff (see Sarmiento v C & E Assoc., 40AD3d 524 [2007]). Defendant contends that the cited provisions of the 1968 Building Codeand 1929 Multiple Dwelling Law are inapplicable because the building in question was erectedin 1892. Plaintiff contends that certain "alterations" brought the building within the purview ofthe 1968 Code, but has not demonstrated that the nature and extent of the alterations subjectedthe building to the Code provisions cited. Furthermore, on this record, a factual dispute exists asto the applicability of the Housing Maintenance Code (Administrative Code of City of NY§ 27-2005). Concur—Gonzalez, J.P., Sweeny, Renwick and Freedman, JJ.