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BROWN v. 2732 BAINBRIDGE ASSOC., LLC

5908, 25675/04.

89 A.D.3d 410 (2011)

931 N.Y.S.2d 854

2011 NY Slip Op 7678

JARKITA BROWN, Respondent, v. 2732 BAINBRIDGE ASSOC., LLC, Appellant.

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

Decided November 1, 2011.

Defendant failed to establish prima facie that it properly maintained the water heating system in its building and that it had no actual or constructive notice of the alleged hazardous condition, that plaintiff was the sole proximate cause of her injury, or that the injury resulted from a normal fluctuation in the water temperature in the bathtub (see Boderick v R.Y. Mgt. Co., Inc., 71 A.D.3d 144, 147 [2009]). Defendant submitted...

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