Gomez v. City of New York

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Bruno, J.), dated April 16, 1997, which denied its 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 infant plaintiff, who resided with her mother and siblings in an apartment owned by the defendant, City of New York, was attempting to retrieve a toothbrush which had fallen into the bathtub when she fell into the tub. The tub contained *363three…