JOHNSTON v. CITY OF NEW YORK


17 A.D.3d 534 (2005)

793 N.Y.S.2d 192

EDWIN JOHNSTON, JR., et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

April 18, 2005.


Ordered that the order is affirmed, with costs.

The infant plaintiff, Jasmine B. Johnston, was burned when she slipped and fell into a bathtub containing very hot water. The plaintiffs alleged that the hot water recurrently accumulated in the bathtub because of plumbing defects, including a malfunction of the drain mechanism and the continuous leaking of hot water from the shower head. The mother of the infant plaintiff, Debra Johnston, previously complained to the...

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