MARTINEZ v. KAZ USA, INC.

2019-03572. Index No. 11203/14.

183 A.D.3d 720 (2020)

121 N.Y.S.3d 880

2020 NY Slip Op 02776

Victor Martinez, Plaintiff/Third-Party Defendant-Appellant, v. Kaz USA, Inc., et al., Defendants/Third-Party Plaintiffs-Respondents. Michelle Martinez, Third-Party Defendant-Appellant.

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

Decided May 13, 2020.


Ordered that the order is reversed, on the law, with one bill of costs, and the separate motions of the plaintiff third-party defendant and the third-party defendant for summary judgment dismissing the third-party complaint insofar as asserted against each of them are granted.

In March 2014, the then-10-month-old infant plaintiff allegedly was injured when she knocked over a humidifier and hot water spilled onto her foot. The infant's father had placed the humidifier...

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