Singh v. Kolcaj Realty Corp

In Singh v. Kolcaj Realty Corp., 283 AD2d 350 [1st Dept. 2001], where a plaintiff sought to hold a property owner liable for injuries he sustained when he was struck by a car. The injured plaintiff sued the realty company that owned the parking lot and the driver of the offending vehicle contending that the realty company was negligent in allowing the parking lot to exceed the capacity specified in its certificate of occupancy. The Court pointed out first that a violation of an ordinance as the result of the failure to abide by the certificate of occupancy does not establish negligence as a matter of law. The Court then held "even if the creation of an extra parking space were assumed to constitute negligence, it is not the proximate cause of plaintiff's injury."