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ABREU v. STRATFORD REALTY ASSOCS.

208 A.D.2d 465 (1994)

617 N.Y.S.2d 331

Maria Abreu, Appellant, v. Stratford Realty Associates, Respondent

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

October 27, 1994

Since defendant landlord's failure to provide heat and hot water is not a proximate cause of the injuries sustained by plaintiff when she stumbled while carrying a pot of hot water, which she had heated on her stove, into the bathroom, the complaint must be dismissed pursuant to Martinez v Lazaroff (48 N.Y.2d 819).

The rejection of the belated presentation of an entirely new theory of recovery as to disrepair of the bathroom...

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