KICHOROWSKY v. KENNEDY HOUSES OWNERS, INC.


31 A.D.3d 502 (2006)

818 N.Y.S.2d 266

THEODOSIA KICHOROWSKY, Appellant, v. KENNEDY HOUSES OWNERS, INC., et al., Respondents.

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

July 11, 2006.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

On July 2, 2002 the 83-year-old plaintiff was taking a bath in her apartment when a gush of scalding hot water suddenly poured out of the spout, causing her to sustain second-degree and possibly third-degree burns on her buttocks and thigh. The plaintiff subsequently commenced this action to recover damages for personal injuries, relying, in part, on...

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