Eaderesto v. 22 Leroy Owners Corp.
Cases that cite this one
5 later published cases cite this decision.
- WillisvKeelerMotorCarCompany (Appellate Division of the Supreme Court of New York 2014)
- Clindinin v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2014)
- Clindinin v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2014)
- Willis v. Keeler Motor Car Co. (Appellate Division of the Supreme Court of New York 2014)
- Willis v. Keeler Motor Car Co. (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The motion court erred in denying that part of defendants’ motion to vacate the self-executing preclusion order (see generally Gibbs v St. Barnabas Hosp., 16 NY3d 74, 80 [2010]). The
However, the court correctly found that triable issues of fact exist as to whether defendants negligently failed to maintain the mixer on the building’s boiler in a reasonably safe condition, and had notice of excessively hot water in the premises (see Simmons v Sacchetti, 15 NY3d 797 [2010]; Sawchuk v 335 Realty 58 Assoc., 44 AD3d 532 [1st Dept 2007]). There is also a triable issue as to whether plaintiffs conduct of remaining in the shower to shave, with the water pointed away, when he knew the water to be overly hot, and becoming burned when he fainted from an unrelated illness, constituted a superseding cause of his injuries (see Simmons at 798; Sawchuk at 532). Concur — Tom, J.P., Mazzarelli, Moskowitz, Abdus-Salaam and Feinman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.