Kagan v. Baxter

In her complaint the plaintiff alleges that while the tenant of an apartment in premises which are conceded to be within the designation of a tenement house, she severely lacerated one of her fingers as she was turning the handle of the hot water faucet in the bathroom of her apartment, and that the accident happened solely by reason of the defendant’s negligence in permitting the faucet to become defective and out of repair, and of which condition the defendant had actual or constructive notice.

There was no evidence to show that the faucet itself was in any way cracked or broken. At the end…