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LEDESMA v. ARAGONA MANAGEMENT GROUP

50 A.D.3d 510 (2008)

857 N.Y.S.2d 519

LORENZA LEDESMA, Plaintiff, v. ARAGONA MANAGEMENT GROUP et al., Defendants. ARAGONA MANAGEMENT GROUP et al., Third-Party Plaintiffs-Appellants, v. EMPIRE STATE FUEL OIL CORP., Third-Party Defendant-Respondent. (And a Second Third-Party Action.) ARAGONA MANAGEMENT GROUP et al., Third Third-Party Plaintiffs-Appellants, v. ABETTA BOILER & WELDING SERVICE, INC., Third Third-Party Defendant-Respondent.

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

Decided April 24, 2008.

Summary judgment was properly granted in favor of Empire Fuel and Abetta Boiler in this action where plaintiff was injured when she lost her balance and fell in the shower when there was a sudden increase in the hot water temperature and water pressure. The building owner and property manager, defendants Wadsworth Associates 9 and Aragona Management Group (appellants) did not have a service contract with either Empire Fuel or Abetta Boiler to maintain or service the building...

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