MARTINEZ v. LAZAROFF


48 N.Y.2d 819 (1979)

Harold Martinez, an Infant by His Mother and Natural Guardian, Blanca Martinez, et al., Appellants, v. Murray Lazaroff et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1979.


Attorney(s) appearing for the Case

Herman B. Glaser and Helen B. Stoller for appellants.

James M. O'Brien for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge MEYER dissents and votes to reverse in an opinion in which Judge FUCHSBERG concurs.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree that, as a matter of law, the failure of defendants to supply their tenants with hot water was not the proximate or legal cause of the injuries suffered by the infant plaintiff (Rivera v City of New York, 11 N.Y.2d 856; cf. Pagan v Goldberger, 51 A.D.2d 508

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