Drucker v. 693 Saratoga Avenue Corp.

Action by plaintiff, a tenant in defendant’s apartment house, to recover damages for burns she received in the bathroom of the apartment house. Judgment in her favor entered on the verdict of a jury. Judgment unanimously affirmed, with costs, pursuant to the provision of section 106 of the Civil Practice Act. While we are of opinion that the failure of the defendant to equip its boiler with a safety valve should not have been left to the jury on the question of negligence, in view of the fact that there was no proof of requirement, in law or by custom, that the defendant should have provided…