Delaney v. First Concourse Management Co.

—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered April 19, 1999, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed on the law, without costs, the motion denied, and the complaint reinstated.

The facts elicited on the motion for summary judgment indicated that the distance between the steam pipe that caused plaintiffs burns and the rim of the toilet seat was less than a foot and that there were only a few inches between the pipe and the toilet paper holder on the wall to the left of the toilet. Plaintiff testified that…