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LATRONICA v. F.N.G. REALTY CORP.

47 A.D.3d 550 (2008)

850 N.Y.S.2d 402

ROBERT LATRONICA, Respondent, v. F.N.G. REALTY CORP. et al., Appellants.

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

Decided January 29, 2008.

The court should have granted defendants summary judgment in this personal injury action, where plaintiff allegedly sustained second- and third-degree burns on April 3, 2004 as a result of a sudden burst of scalding water emitted from the cold water faucet in his bathtub. Plaintiff failed to raise a triable issue of fact whether defendants had notice of the alleged defect (see Gordon v American Museum of Natural History,...

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