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SAKOL v. KIRSCH
Appellate Division of the Supreme Court of New York, First Department.
Jan 31, 2006
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In this action to recover damages for personal injuries suffered by plaintiff when she fell near the bottom of a winding staircase she was descending during a wedding reception at defendants' mansion on the Hudson River, the motion court correctly found that the affidavit of plaintiff's engineering expert was insufficient to defeat defendants' motion for summary judgment inasmuch as it failed to set forth a violation of any specific safety guidelines in effect at the time of the mansion's construction more than 100 years ago and prior to the adoption of building codes ( see Jones v. Presbyterian Hosp. in City of N.Y., 3 AD3d 225, 228; Veccia v. Clearmeadow Pistol Club, 300 AD2d 472).
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