SAVARESE v. SACRED HEARTS

ORDERED that the appeal from the order dated June 13, 2002, is dismissed as that order was superseded by the order dated October 7, 2002, made upon renewal; and it is further,

ORDERED that the cross appeal is dismissed, on the ground that the cross appellant is not aggrieved by the portion of the order cross-appealed from ( see CPLR 5511; Parochial Bus Systems v. Board of Educ. of City of N.Y., 60 N.Y.2d 539); and it is further,

ORDERED that the order dated October 7, 2002, is affirmed insofar as appealed from; and it is further,

ORDERED that one bill of costs is awarded to the defendants appearing separately and filing separate briefs.

We agree with the Supreme Court that the stairs that the injured plaintiff trip and fell upon were not subject to the requirements of sections 27-375 and 27-376 of the Administrative Code of the City of New York (hereinafter the Code). The stairs were not "exterior stairs" being "used as exits in lieu of interior stairs" (Administrative Code of City of New York § 27 — 376; see Administrative Code of City of New York § 27-375; Gaston v. New York City Hous. Auth., 258 A.D.2d 220). Accordingly, the stairs did not violate the Code.

In light of the foregoing, the plaintiffs' remaining contentions have been rendered academic.

SANTUCCI, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.