Opinion
11-14-2017
P.R., an Infant by His Mother and Natural Guardian, Shameka W., et al., Plaintiffs–Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Defendant–Respondent.
Jacoby & Meyers LLP, Newburgh (Andrew L. Spitz of Counsel), for appellants. Herzfeld & Rubin, P.C., New York (Linda M. Brown of Counsel), for respondent.
Jacoby & Meyers LLP, Newburgh (Andrew L. Spitz of Counsel), for appellants.
Herzfeld & Rubin, P.C., New York (Linda M. Brown of Counsel), for respondent.
Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered August 8, 2016, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Dismissal of the complaint was warranted in this action for personal injuries sustained when infant plaintiff slipped off the bed and fell against hot pipes that conveyed steam to the radiators in the apartment. The court properly concluded that defendant did not violate its common-law duty to plaintiffs in failing to insulate the hot pipes (see White v. New York City
Hous. Auth., 139 A.D.3d 579, 580, 32 N.Y.S.3d 140 [1st Dept.2016] ; see also Rivera v. Nelson Realty, LLC, 7 N.Y.3d 530, 535, 825 N.Y.S.2d 422, 858 N.E.2d 1127 [2006] ). Plaintiffs argue that because the pipes were not the primary source of heat to the apartment, insulation would not have interfered with the functionality of the heating system, unlike in White. However, even plaintiffs' expert acknowledged that the pipes were part of the heating system and supplied some heat to the room.
RICHTER, J.P., MAZZARELLI, KAHN, MOULTON, JJ., concur.