Opinion

Brown v. 2732 Bainbridge Assoc., LLC

  • 89 A.D.3d 410
  • 931 N.Y.2d 854
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Nov 1, 2011
Status
Published
Cited by
0 cases
Authority
More cited than 1.1%

The opinion

Defendant failed to establish prima facie that it properly maintained the water heating system in its building and that it had no actual or constructive notice of the alleged hazardous condition, that plaintiff was the sole proximate cause of her injury, or that the injury resulted from a normal fluctuation in the water temperature in the bathtub (see Boderick v R.Y. Mgt. Co., Inc., 71 AD3d 144, 147 [2009]). Defendant submitted no evidence to support its contention that plaintiff was injured as a result of a normal fluctuation in the water temperature. Its superintendent testified that plaintiffs mother had complained to him about the unregulated water temperature in the bathroom and that before the date of plaintiffs injury he had repaired the hot water seals in the shower and the seals and gaskets in the bathtub faucet. Concur — Gonzalez, EJ., Tom, Sweeny, Renwick and Román, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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