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Laureano v. Louzoun

560 N.Y.S.2d 337 (1990)

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Laureano v. Louzoun

New York Supreme Court, Appellate Division

560 N.Y.S.2d 337 (1990)

Facts

Laureano (plaintiff), a tenant in a building owned by the defendants, awoke early one cold morning and put two large pots of water on her stove to boil. While attempting to pour the boiling water from one pot to the other, Laureano banged the pots together, causing the boiling water to spill onto her knee and feet and resulting in serious injuries. Laureano filed suit against Louzoun and others (defendants) for negligence, alleging her injuries were the result of the defendants’ failure to provide sufficient heat and water to Laureano’s home and maintain the building’s boiler in proper working condition. Additionally, Laureano claimed that the defendants had constructive and actual notice of the defective condition at least two weeks prior to the incident. The defendants moved for summary judgment on the ground that their conduct was not the proximate cause of Laureano’s injuries. The trial court agreed and dismissed Laureano’s complaint. Laureano appealed.

Rule of Law

Issue

Holding and Reasoning (Mangano, J.)

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