Court of Appeals Watch

The Court of Appeals has granted leave to appeal in Simmons v. Sacchetti.  At issue is whether the landlord can be held liable where an unattended infant was burned in a bathtub of scalding hot water.  The First Department majority held “A landlord cannot be required to adjust the hot water temperature in order to protect children from adults who fail to do so.”  Justice Acosta dissented stating (1) that evidence the water temperature 20 days after the incident exceeded the temperature known to instantly scald an infant’s skin and (2) that the building's hot water system did not have a temperature relief valve, in violation of New York City Building Code Reference Standard 16, P107.26(b), raised issues of fact as to whether the landlord violated its duty to maintain the premises is a reasonably safe condition.  Judge Acosta also would have denied summary judgment as to the boiler contractor.