LINDSEY v. H.B. ASSOCIATES, L.L.C.


24 A.D.3d 274 (2005)

809 N.Y.S.2d 2

SHANIQUA LINDSEY, an Infant, by CHRISTEENA LINDSEY, Her Mother and Natural Guardian, et al., Respondents, v. H.B. ASSOCIATES, L.L.C., Appellant. (And a Third-Party Action.)

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

December 22, 2005.


Issues of fact as to defendant's negligence in maintaining the building's hot water system are raised by the affidavit of the infant plaintiff's treating physician that the water temperature must have been approximately 150 degrees to have caused the second-and third-degree burns that the infant sustained (see Tirella v. American Props. Team, 145 A.D.2d 724, 725 [1988]). Whether the infant plaintiff's foster mother's failure to supervise...

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