MOSHE K. v. NU KOL TUV, INC.

2012-00158.

98 A.D.3d 652 (2012)

949 N.Y.S.2d 768

2012 NY Slip Op 6014

MOSHE K. et al., Respondents, v. NU KOL TUV, INC., Appellant, et al., Defendant.

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

Decided August 22, 2012.


Ordered that the order is affirmed, with costs.

The infant plaintiff was injured while bathing in a bathtub in the apartment where he resided. The infant plaintiff allegedly was in the bathtub for about five minutes, with the water running at all times, without incident, when he suddenly began to cry and then scream. The bathtub's drain had not been closed off and there was only about an 1-1½ inches of water in the tub where he was sitting at all times. He allegedly...

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