Faulty Building Code Testimony Leads to Re-trial

A New York appeals court set aside a jury's finding exonerating a building owner of negligence for a hand injury suffered by an elevator mechanic. The mechanic alleged negligence under Labor Code sections 200 and 241(6) and filed suit, yet a New York County jury found the building owner Jay Cee was not negligent and did not violate 241(6). The New York 1st Department Appellate Division on review ordered a new trial because the testimony of the defense witnesses regarding potential Building Code violations was based, at least in part, on an erroneous premise about the code section 23-2.5(b)...