In Sarmiento v. C & E Associates (40 AD3d 524, 837 N.Y.S.2d 57 [1st Dept 2007]), the Court accepted as true that Administrative Code section 27-111 would grandfather existing marble stairs, if it were shown that the building pre-dated 1968, and had not undergone significant renovations under section 27-118 (a).

The Court in Sarmiento, however, noted that, on summary judgment, it was the defendant who bore the burden of demonstrating the inapplicability of the Administrative Code.