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GENKINS v. 165 WEST 76TH ST. ASSOCS.

205 A.D.2d 454 (1994)

613 N.Y.S.2d 890

Arnold Genkins, Respondent, v. 165 West 76th Street Associates et al., Appellants and Third-Party Plaintiffs. Calray Gas Services, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

June 28, 1994

We agree with the IAS Court that defendant owners of the premises failed to come forward with evidentiary proof in admissible form sufficient to establish that the decedent's injuries and ensuing death were not caused by scalding hot water emanating from the shower in her apartment, or that at the time of the occurrence they lacked notice of the existence of such a dangerous condition (see, Bush v St. Clare's Hosp., 82 N.Y.2d 738...

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