25
enactments of the state legislature, and that only violations of state statutes can constitute
negligence per se, for only the legislature can modify the common law of the state.
Elliot, 747 N.E.2d at 762.
Here, the plaintiffs have not alleged any violation of a state statute. The
conclusory allegation set forth in the Amended Complaint that the Port Authority failed
to abide by New York City and State fire and safety codes (Am. Compl., 02 civ. 7188, ¶
41), without distinguishing a particular State statute that was violated, is not sufficient to
invoke the negligence per se doctrine. See Major, 165 N.E.2d 181 (holding that a
violation of the State Building Construction Code might be evidence of negligence, but
not negligence per se). For these reasons, the Port Authority's motion is granted with
respect to the plaintiffs' second cause of action, and that claim is dismissed.
IV.
C
ITIGROUP
'
S
M
OTION TO
D
ISMISS
The Citigroup Defendants include Citigroup Inc. and its subsidiaries and
predecessors in interest, including Salomon Brothers (now Citigroup Global Market
Holdings) (collectively "Citigroup"), a tenant of 7WTC. The Amended Complaint in 04
Civ. 7272 alleges that the Citigroup Defendants breached their duty of care to Con Ed
and others to design, construct, and maintain their leased premises in a reasonably safe
manner. Specifically, plaintiffs allege that Citigroup "retained entities which designed,
constructed, installed and used an emergency generator system that was unreasonably
dangerous because it utilized an unreasonable amount of diesel fuel and because a breach
of the system could provide a prolonged and substantial quantity of fuel to areas of fire
close to critical structural supports in the building." (Am. Compl. 7272 ¶ 158.) In lieu of
