VALDES v. MARBROSE REALTY, INC.


289 A.D.2d 28 (2001)

734 N.Y.S.2d 24

ADRIANA VALDES, Appellant, v. MARBROSE REALTY, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided December 6, 2001.


The elderly plaintiff allegedly burned her head when, upon passing out, she came in contact with a heat riser in her bathroom. She sued several parties in common-law negligence by action commenced July 16, 1998, but initially did not include in her complaint claims arising from alleged violations of any statute, code, rule or ordinance. Despite discovery going forward, she failed to respond to defendants' demands that she provide any information that might give rise to such...

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