In Trimarco v. Klein, 56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d 52 (1982), plaintiff-tenant was injured when the glass enclosure of the bathtub in a multiple dwelling shattered. The enclosure was made out of ordinary glass. At the time of the accident in 1976, safety glazing material as mandated by General Business Law 389-m, effective July 1, 1973, was required in bathroom enclosures; however, safety glazing material was not required by the statute in the plaintiff's apartment, as the installation pre-dated the statute. At trial, the plaintiff produced evidence of a custom and practice pre-dating the statute on the part of building owners to employ shatterproof glass. The Court of Appeals held that the trial evidence, including plaintiff's expert testimony and evidence of the use of shatterproof glass by the local building industry for "the better part of two decades" (id at 107), was sufficient to raise a triable issue as to whether the shower enclosure was reasonably safe.