RUIZ v. SUMMIT APPLIANCE DIV.

6681, 8847/05

92 A.D.3d 429 (2012)

938 N.Y.S.2d 25

2012 NY Slip Op 730

MARIA RUIZ, Appellant, v. THE SUMMIT APPLIANCE DIVISION et al., Defendants, and 3001 VALENTINE REALTY, LLC, Respondent.

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

Decided February 2, 2012.


Plaintiff was injured while cooking in her apartment when flames shot out of the side of the stove, startling plaintiff and causing her to fall over backward and drop a pot of boiling water on herself. Following a jury trial, a verdict was reached finding that plaintiff and her landlord, Valentine, were both negligent, but that Valentine's negligence was not a substantial factor in the happening of the accident. Despite this finding, in response to the special interrogatories...

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