Utkan v. Szuwala, 2008-02251.
Citation | 875 N.Y.S.2d 510,2009 NY Slip Op 01794,60 A.D.3d 755 |
Decision Date | 10 March 2009 |
Docket Number | 2008-02251. |
Parties | DENIZ EFE UTKAN, Respondent, v. JENINA SZUWALA et al., Appellants. |
Court | New York Supreme Court Appellate Division |
Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.
This action was commenced to recover damages for personal injuries after the infant plaintiff allegedly was burned by an exposed radiator in an apartment owned by the defendants. The complaint alleged that the defendants were aware that the infant plaintiff was in the apartment, that his mother had complained on prior occasions about the infant plaintiff being burned by the radiator, and that she had requested radiator covers. The defendants moved to dismiss the complaint pursuant to Rivera v Nelson Realty, LLC (7 NY3d 530 [2006]). The Supreme Court denied the motion. We reverse.
In Rivera v Nelson Realty, LLC (7 NY3d at 532), which was decided on analogous facts, the Court of Appeals held that "the landlord of a home where children live does not have a commonlaw or other duty to provide or install radiator covers." The Court reasoned as follows: (Rivera v Nelson Realty, LLC, 7 NY3d at 535-536 [citations omitted].) Here, the plaintiff does not argue that any statute or regulation...
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