GREENE v. SIMMONS


13 A.D.3d 266 (2004)

786 N.Y.S.2d 517

JOY GREENE, Respondent v. MOSELLA SIMMONS et al., Defendants, and PARK AVENUE ASSOCIATES, LLC, Appellant. (And a Third-Party Action.)

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

December 21, 2004.


Park Avenue was a maintenance contractor for a codefendant that sold oil and boiler services to another codefendant, the owner of a building where plaintiff and her family lived. Plaintiff's infant decedent fell into a bathtub filled with scalding hot water, sustaining ultimately deadly injuries. Factual issues are raised on this record as to the extent of Park Avenue's obligations to maintain the building's boiler, whether it met its common-law duty toward the residents...

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