Nina W. v. NDI King Limited Partnership

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered December 27, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff, born April 25, 2002, suffers from mental retardation and cerebral palsy. She is unable to walk and is dependent on others for everything.

On December 22, 2007, plaintiff was sleeping in the bottom bed of a bunk bed in the apartment in which she resided when her face and hand came into contact with a baseboard radiator for an unknown length of…