Opinion
March 22, 1994
Appeal from the Supreme Court, Nassau County (Edward O'Brien, J.).
The trial court took judicial notice of Federal, State and local codes and regulations on which plaintiffs intended to rely (CPLR 4511), and properly determined that certain of them were not pertinent to the circumstances herein (see, Chanler v Manocherian, 151 A.D.2d 432, 433). The OSHA regulations were properly held inadmissable because they were enacted subsequent to the design and erection of the building, and also because plaintiff does not fall within the class of protected employees (see, Barzaghi v. Maislin Transp., 115 A.D.2d 679). Nor was it error to admit evidence of no prior accidents involving the doors in question since construction of the building in 1951 (De Salvo v. Stanley-Mark-Strand Corp., 281 N.Y. 333).
We have considered plaintiffs' other claims and find they do not warrant any modification of the judgment.
Concur — Rosenberger, J.P., Kupferman, Rubin and Williams, JJ.