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King v. New York City Housing Auth

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1997
235 A.D.2d 307 (N.Y. App. Div. 1997)

Opinion

January 23, 1997.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered October 3, 1995, which granted defendant's motion for summary judgment dismissing the complaint and denied, as moot, plaintiffs cross motion for leave to file a late notice of claim or amend said notice nunc pro tunc, and to amend her complaint, unanimously affirmed, without costs.

Before: Murphy, P. J., Rosenberger, Ellerin and Wallach, JJ.


It must be held, on constraint of Martinez v Lazaroff ( 48 NY2d 819), that the landlord's alleged failure to provide cold water in plaintiffs kitchen was not a proximate cause of her slipping on water she was collecting in a pot in the bathroom. In that regard, it makes no difference whether the intervening act was plaintiffs or another's ( see, Abreu v Stratford Realty Assocs., 208 AD2d 465). In view of foregoing, we need not reach the issues raised by plaintiffs cross motion.


Summaries of

King v. New York City Housing Auth

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1997
235 A.D.2d 307 (N.Y. App. Div. 1997)
Case details for

King v. New York City Housing Auth

Case Details

Full title:KATHERINE KING, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 23, 1997

Citations

235 A.D.2d 307 (N.Y. App. Div. 1997)
653 N.Y.S.2d 5