Laureano v. Louzoun

165 A.D.2d 866, 560 N.Y.S.2d 337 (App. Div. 1990)

 

RULE:

The intervening act of banging one pot against the other brought about the injuries sustained by the plaintiff. Those injuries would not have resulted form the failure to supply hot water alone, and cannot be classified as injuries normally to have been expected to ensue from the landlord's conduct 

FACTS:

The tenant put two large pots of water on her stove to boil. While in the process of pouring the boiling water from one pot into the other, the tenant banged the pots against each other, causing the boiling water to spill onto her knee and feet. The tenant filed an action, alleging that the landlords' negligence in failing to provide heat and hot water to the premises and in failing to maintain the boiler in proper working condition caused the incident and her resulting injuries. The tenant further alleged that the landlords had constructive notice of the defective condition at least two weeks prior to the incident, as well as actual notice. The trial court granted the landlords' motion for summary judgment, holding that there was no connection of proximate cause between the lack of heat and the accident. 

ISSUE:

 Could tenant's injuries be classified as injuries normally to have been expected to ensue from the landlord's conduct?

ANSWER:

No.

CONCLUSION:

On appeal, the court affirmed the trial court's order. The tenant's injuries could not be classified as injuries normally to have been expected to ensue from the landlord's conduct.

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