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COLON v. MANDELBAUM

244 A.D.2d 292 (1997)

664 N.Y.S.2d 302

Rafael Colon et al., Respondents, v. Richard Mandelbaum et al., Appellants, et al., Defendants

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

November 25, 1997

The infant plaintiff was allegedly scalded when he fell into a bathtub with excessively hot water. Defendants seek summary judgment first on the ground that as out-of-possession landlords they owed no duty to plaintiffs to maintain the water heater supplying the water because the lease provided that it was the tenant's responsibility to maintain fixtures. While such a lease provision is certainly evidence that defendants lacked...

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