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RIVERA v. CITY OF NEW YORK

10 A.D.2d 72 (1960)

Prudencio Rivera, Individually and as Guardian ad Litem of Fernando Rivera, an Infant, Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 15, 1960.

Attorney(s) appearing for the Case

Arnold Davis of counsel (Redman & Rogers, attorneys), for appellants.

John A. Murray of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for City of New York, respondent.

Herbert Minster of counsel (Bernard Helfenstein, attorney), for New York City Housing Authority, respondent.

BOTEIN, P. J., BREITEL, RABIN and STEVENS, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in opinion.

Per Curiam.

The question posed in this case is whether an owner of a building may be held liable for injuries sustained by a boy who fell into a bathtub which, because of the owner's negligence, constantly contained scalding water. It is alleged that the flow of hot water could not be shut off nor could it be drained off because of the defective condition of the plumbing.

The court in refusing to submit that...

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