In LaTronica v. F.N.G. Realty Corp et al, 2008 NY Slip Op 00574, AD and Bronx Co. Index 21942/04, plaintiff alleged to have sustained second and third degree burns due to scalding water emitting from the cold water faucet of defendants’ building. However, at his deposition, plaintiff complained that the water out of the hot faucet was “too warm” and not that hot water came out of the cold faucet. Despite this, the trial court denied defendants’ motion for summary judgment.

For a myriad of reasons, the Appellate Division – First Department reversed, holding that plaintiff failed to establish defendants’ notice of this condition, plaintiff’s expert opinion was without probative value, plaintiff relied upon Department of Buildings’ violations that were too remote and unrelated, plaintiff’s action of putting his feet in the water after checking the temperature was a superseding event and that the legal doctrine of res ipsa loquitur did not apply.

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_00574.htm