Opinion
February 24, 2000
Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered June 12, 1998, which, upon a jury verdict, found defendant Vales Construction Corp. not negligent, unanimously reversed, on the law, without costs, the complaint reinstated against Vales and the matter remanded for a new trial.
Martin Diennor, for Plaintiff-Appellant.
Elizabeth Anne Bannon, for Defendant-Respondent.
ROSENBERGER, J.P., NARDELLI, MAZZARELLI, ELLERIN, ANDRIAS, JJ.
The trial court erred when it refused to take "judicial cognizance" of Administrative Code of the City of New York §§ 19-105, 19-106 and 19-107 and to instruct the jury on their meaning and application. The failure to do so deprived plaintiff 1991 of a fair trial and this error, standing alone, is sufficient to require reversal of the judgment (Chanler v. Manocherian, 151 A.D.2d 432, 434; McDonald v. New York City Health Hosps. Corp., 203 A.D.2d 6).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.