Opinion
Submitted February 9, 2000.
March 27, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Jackson, J.), dated March 26, 1999, which denied their motion for summary judgment on the complaint.
Troy Troy, Centereach, N.Y. (Edward J. Troy and Paul M. Murphy of counsel), for appellants.
Israelson Gold, Plainview, N.Y. (Jeffrey B. Gold of counsel), and Dubow Smith, Bronx, N.Y., for respondent (one brief filed).
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under General Municipal Law § 205-a, liability is imposed in any case where there is a practical or reasonable connection between a statutory or code violation and the injury to the plaintiff (see,Brasca v. Jessup, 258 A.D.2d 490 ; O'Connell v. Kavanagh, 231 A.D.2d 29 ;Schwarzrock v. Thurcon Dev. Co., 193 A.D.2d 357 ). In the case at bar, there remain issues of fact, inter alia, as to whether the alleged violations included the hole that the injured plaintiff fell through. In addition, we agree with the Supreme Court that the plaintiffs were not entitled to summary judgment on the ground of spoliation of evidence (see, Popfinger v. Terminix Intl. Co. Ltd. Partnership, 251 A.D.2d 564 ).