Epolito v. Mariani

Full title: WILLIAM E. EPOLITO, Appellant, v. JOHN G. MARIANI et al., Respondents

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

Date published: Dec 23, 1994

210 A.D.2d 1005 (N.Y. App. Div. 1994)

621 N.Y.S.2d 1008

Opinion

December 23, 1994

Appeal from the Supreme Court, Onondaga County, Murphy, J.

Present — Green, J.P., Balio, Fallon, Callahan and Boehm, JJ.

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly precluded plaintiff's expert from testifying regarding alleged violations of provisions of the New York State Uniform Fire Prevention and Building Code (9 N.Y.CRR part 600 et seq.) and the City of Syracuse Building Code. The record establishes that the code provisions were inapplicable to this case (cf., Montoya v Vasquez, 185 A.D.2d 875, 876).