DANIELS v. KROMO LENOX ASSOCIATES


16 A.D.3d 111 (2005)

791 N.Y.S.2d 17

SEAN DANIELS, an Infant, by His Mother and Natural Guardian, LINDA DANIELS, Appellant, v. KROMO LENOX ASSOCIATES et al., Defendants, and A.L. EASTMOND AND SONS, INC., et al., Respondents.

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

March 1, 2005.


The boiler defendants were properly granted summary judgment upon evidence demonstrating that they were hired to and did replace the boiler's coil, not the mixing valve that caused plaintiff's scalding injury. In the absence of a contract for routine or systematic maintenance, an independent repairer/contractor has no duty to install safety devices or to inspect or warn of any purported defects (see Rosa v Mid Hudson Clarklift, 269 A.D.2d 266

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