Johnston v. City of New York

In an action, inter alia, to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated December 17, 2003, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The infant plaintiff, Jasmine B. Johnston, was burned when she slipped and fell into a bathtub containing very hot water. The plaintiffs alleged that the hot water recurrently accumulated in the bathtub because of plumbing defects, including a malfunction of the drain mechanism and the continuous…