Sarmiento v. C & E Associates – Case Brief Summary (New York)

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.

New York Case Brief Judgment Summary Judgment

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