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MEDINA v. 203 WEST 109TH STREET REALTY CORP.

16 A.D.3d 220 (2005)

790 N.Y.S.2d 663

DIGNA MEDINA, Respondent, v. 203 WEST 109TH STREET REALTY CORP., Appellant.

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

March 15, 2005.

Plaintiff seeks recovery for personal injuries sustained when she fell in her bathroom while attempting to escape a jet of hot water from the showerhead. There are triable issues of fact, including whether defendant had notice of the allegedly defective condition of the sink which gave way and whether such defect was a proximate cause of the accident (Weisbart v Hudson Manor Terrace Corp., 299 A.D.2d 160 [2002]). Furthermore, the...

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