Starr v. Holes

Memorandum:

Plaintiff commenced this action, individually and on behalf of his daughter, seeking damages for burn injuries sustained by his daughter when she fell into a basin of water. The basin had been placed on a grate covering a floor furnace in an apartment leased to defendants John and Wendy Lively by Roger H. Holes (defendant). Supreme Court erred in granting defendant’s motion seeking summary judgment dismissing the *1396complaint against him. “While an out-of-possession landlord generally will not be responsible for dangerous conditions existing on leased premises, it is settled that [a]…