Greene v. Simmons

Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered July 9, 2004, which denied the motion of defendant Park Avenue Associates, LLC (Park Avenue) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Park Avenue was a maintenance contractor for a codefendant that sold oil and boiler services to another codefendant, the owner of a building where plaintiff and her family lived. Plaintiffs infant decedent fell into a bathtub filled with scalding hot water, sustaining ultimately deadly injuries. Factual issues are raised on this record as to…