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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