# Brown v. 2732 Bainbridge Assoc., LLC

> Appellate Division of the Supreme Court of the State of New York · November 1, 2011 · 89 A.D.3d 410

URL: https://www.frixlaw.com/law-library/cases/5830490

## Case

- **Full name:** Jarkita Brown v. 2732 Bainbridge Assoc., LLC
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 1, 2011
- **Citations:** 89 A.D.3d 410; 931 N.Y.2d 854
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5830490

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5830490. Public record. Not legal advice.