Laureano v. Louzoun

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

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Nature of the Case

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Facts

P arose from bed at approximately 5 A.M. and put two large pots of water on her stove to boil. While pouring the boiling water from one pot into the other, P banged the pots against each other, causing the boiling water to spill onto her knee and feet. P was injured. P sued D in that D's failure 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. D had constructive notice of the defective condition at least two weeks prior to the incident, as well as actual notice. The trial court granted D’s motion for summary judgment. P appealed.