Justice Joan Madden
Defendant 646 Tenth Avenue owned the subject premises and leased an apartment to a married couple. Plaintiff Duff was visiting and staying with that couple, her high school friends when she was injured by a sudden burst of scalding water while taking a shower in the apartment. Duff contended that the defendants failed to properly control and limit the hot water temperature and pressure of the shower, and this negligence proximately caused her injuries. Defendant/third-party plaintiff J.L. Heating & Contracting LLC, which installed the boiler, bathtubs, showers and plumbing, contended that the married couple testified that they used the shower almost daily, that they never complained about the shower head or tub spout, and that they never had trouble with the lever that controls the temperature. In opposition, defendant 646 argued that J.L.'s negligence is responsible for the accident. The court denied the defendants' motion for dismissal of the complaint, holding that the allegations from the codefendants are sufficient to demonstrate the existence of material issues of fact as to which, if any, of the defendants were negligent.
