Opinion
No. 570777/11.
2012-09-11
Dawn KOCHANEK, Plaintiff–Respondent, The v. NETHERWORLD GROUP, LLP and The Netherworld Group, LLC, Defendants–Appellants.
Defendants appeal from an order of the Civil Court of the City of New York, New York County (Debra Rose Samuels, J.), dated April 15, 2011, which denied their motion for summary judgment dismissing the complaint.
Present: LOWE, III, P.J., SCHOENFELD, HUNTER, JR., JJ.
PER CURIAM.
Order (Debra Rose Samuels, J.), dated April 15, 2011, affirmed, with $10 costs.
This negligence action, seeking damages for personal injuries allegedly sustained by plaintiff while she was showering in her residential apartment, is not ripe for summary dismissal. The record raises but does not resolve several material triable issues, including whether the defendant building owners had notice of the defective condition complained of by plaintiff (the sudden, recurrent increase in water temperature of the shower) and, if so, whether such hazard was a proximate cause of plaintiff's injuries. On this record, it cannot be said as a matter of law that any of the intervening events pointed to by defendants—including the shattering of a soap dish which ultimately caused direct injury to plaintiff's foot—sufficed to break the causal chain between defendants' alleged negligence and plaintiff's harm ( see Derderian v. Felix Contr. Corp., 51 N.Y.2d 308, 316 [1980] [“The precise manner of the event need not be anticipated”]; see also Isler v. BUILD Inc., 293 A.D.2d 389 [2002];Delaney v. First Concourse Mgt. Co., 275 A.D.2d 233 [2000] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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