Lindsey v. H.B. Associates, L.L.C.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered March 25, 2005, which, in an action arising out of the scalding of plaintiff infant by bath water, denied defendant landlord’s motion for summary judgment dismissing the complaint, unanimously modified, on the law, to dismiss plaintiff mother’s claims for medical expenses and loss of services, and otherwise affirmed, without costs.

Issues of fact as to defendant’s negligence in maintaining the building’s hot water system are raised by the affidavit of the infant plaintiffs treating physician that the water temperature must have…