Gedney v. Atcosta

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated January 31, 2003, which denied her motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff allegedly was injured when a hot water heater, servicing the apartment he rented from the defendant, exploded. The defendant established her entitlement to judgment as a matter of law by demonstrating that she neither created nor had…