BAUMGARDNER JR. v. RIZZO


35 A.D.3d 223 (2006)

827 N.Y.S.2d 24

PATRICK BAUMGARDNER, JR., by His Father and Natural Guardian, PATRICK BAUMGARDNER et al., Respondents, v. DOMENICA RIZZO, Respondent-Appellant, and THE RIVOLI COMPANIES, Appellant-Respondent, et al., Defendant.

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

Decided December 12, 2006.


The infant plaintiff suffered severe burns while being bathed by his parents when a sudden and unexpected blast of scalding water emanated from the bathroom sink. Eleven days before the accident, in response to a complaint from defendant landlord Rizzo with respect to "poor hot water," defendant Rivoli serviced the boiler.

Both Rizzo's motion and Rivoli's cross motion for summary judgment seeking dismissal of the complaint against them should have been granted. The...

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