Legal Opinion
Rivera v. Nelson Realty, LLC
New York Court of Appeals
Decided October 24, 2006PublishedCited by 55 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
R.S. Smith, J.
We hold that the landlord of a home where children live does not have a common-law or other duty to provide or install radiator covers.
Facts and Procedural History
As in every case where a child is seriously injured, the facts are upsetting. Plaintiff Aaron Rivera, then three years old, was seriously burned when he climbed onto an uncovered radiator in his parents’ bedroom, where he was playing unsupervised with his brothers, ages four and two. Defendants, the landlord of the apartment where Aaron lived and the company that managed the building, knew that…
2Cases cited7 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
- Tagle v. JakobNew York Court of Appeals · 2001
- Chapman v. SilberNew York Court of Appeals · 2001
- Altz v. . LeibersonNew York Court of Appeals · 1922
2 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Yaniveth R. Ex Rel. Ramona S. v. LTD Realty Co.New York Court of Appeals · 2016
- Mercer v. Hellas Glass Works Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Coggins v. Nidoj Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Yehia v. Marphil Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2015
50 more not listed; retrieve them via the Exa API.