RIVERA v. NELSON REALTY, LLC


7 N.Y.3d 530 (2006)

858 N.E.2d 1127

825 N.Y.S.2d 422

AARON RIVERA, an Infant, by His Mother and Natural Guardian, DENISE RIVERA, et al., Appellants, v. NELSON REALTY, LLC, et al., Respondents.

Court of Appeals of New York.

Decided October 24, 2006.


Attorney(s) appearing for the Case

Popkin & Popkin, L.L.P., New York City (Eric F. Popkin of counsel), for appellants.

Lester Schwab Katz & Dwyer, LLP, New York City (Steven B. Prystowsky and Harry Steinberg of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur; Judge PIGOTT taking no part.


OPINION OF THE COURT

R.S. SMITH, J.

We hold that the landlord of a home where children live does not have a common-law or other duty to provide or install radiator covers.

Facts and Procedural History

As in every case where a child is seriously injured, the facts are upsetting. Plaintiff Aaron Rivera, then three years old, was seriously burned when he climbed onto an uncovered radiator in...

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