Dutan v. Des Bel Realty Corp.

Full title: JOSE DUTAN et al., Respondents, v. DES BEL REALTY CORPORATION, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 21, 1994

202 A.D.2d 550 (N.Y. App. Div. 1994)

610 N.Y.S.2d 819

Opinion

March 21, 1994

Appeal from the Supreme Court, Queens County (Rutledge, J.).

Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion is denied.

We find that the defendant has raised triable issues of fact with regard to whether it was in compliance with the Window Guard Law (New York City Health Code [9 RCNY] § 131.15), notwithstanding the defendant's failure to install window guards in the plaintiffs' apartment (see, Zuckerman v. City of New York, 49 N.Y.2d 557), and whether such a violation, if any, constituted negligence on the part of the defendant (see, Alharb v. Sayegh, 199 A.D.2d 229). Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.