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ZABAWA v. SKY MANAGEMENT CORP.

11464. 162795/14.

183 A.D.3d 430 (2020)

123 N.Y.S.3d 577

2020 NY Slip Op 02737

Katarzyna Zabawa, Respondent, v. Sky Management Corp. et al., Appellants.

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

Decided May 7, 2020.

Defendants failed to establish prima facie entitlement to judgment as a matter of law in this action where plaintiff, while exiting the shower in her boyfriend's apartment, lost consciousness and fell against an uninsulated steam pipe, resulting in third-degree burns to her thigh. Defendants failed to show that Administrative Code of City of NY § 27-809, which requires certain heating pipes to be insulated, did not apply to...

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