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ISLER v. BUILD INC.

293 A.D.2d 389 (2002)

740 N.Y.S.2d 616

JONATHAN ISLER et al., Respondents, v. BUILD INC. et al., Appellants.

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

Decided April 25, 2002.

The record discloses that defendants owned and operated the building in which plaintiffs resided and had actual notice of the building's defective hot water heaters and the resulting hotter-than-normal water being supplied to the building's tenants. These circumstances raise issues of fact as to whether it was foreseeable that the infant plaintiff would sustain burns while bathing from negligently overheated water (see, Gordon...

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