N.Y. Multiple Dwelling Law § 142: Sub-curb uses

§ 142. Sub-curb uses. 1. When such a dwelling is more than eighty feet

in height measured from the lowest point of the yard or of any curb on

which any part of the dwelling faces, whichever is lower, and any room

in such dwelling below the level of the highest curb which any part of

such dwelling faces is occupied for living purposes as permitted in

paragraph f of subdivision one of section thirty-four, the yard at the

level of such highest curb shall be set back so as to be at least eight

feet greater in depth than the yard below such level unless the yard

opens directly upon a street.

2. If such a dwelling is erected upon an interior lot running through

from street to street, the wall of the dwelling facing the lowest street

shall, at the level of the highest curb on which any part of such

dwelling faces, be set back at least eight feet.

3. The setback of the yard or wall required by each of the two

preceding subdivisions shall be a fire-terrace. Nothing herein contained

shall be construed to permit a yard of smaller dimensions below the

level of such fire-terrace than required by paragraph f of subdivision

one of section thirty-four.

4. From each apartment below the level of such highest curb at least

one means of egress shall lead directly to such fire-terrace in a manner

approved by the department. Such fire-terrace shall be protected by a

guard railing approved by the department, and shall afford safe and

unobstructed access either directly to a street or to a covered

fireproof passage at least three feet in width and seven feet in height

leading directly and without obstruction to a street.

5. In all portions of such dwellings below the level of the highest

curb all structural members, partitions, furrings and ceilings shall be

constructed of incombustible materials.

6. Apartments may also be occupied for living purposes in cellars and

basements in accordance with the provisions of subdivision six of

section thirty-four.