Mikhail Shkolnik sued his landlord, Alfonso Longo, after the tenant sustained serious burns to his ankles and feet while using his bathtub.
Mikhail alleged that Longo's negligent maintenance of the boiler and hot water system caused the water temperature's sudden fluctuations and resulted in the dangerous condition.
When landlord Longo asked the Kings County Supreme Court to dismiss the case, on the grounds that he wasn't aware of any hazards, that request was denied.
On appeal, the Appellate Division, Second Department, also sided with the tenant.
Mikhail had supplied an expert affidavit which established that unsafe temperature fluctuations would persist unless a "mixing valve" was installed on the boiler. Since he submitted proof that he complained about those fluctuations before he was injured, the AD2 was of the view a trial was needed to address whether Longo had "actual notice" of the condition.That's scalding.
To view a copy of the Appellate Division's decision, please use this link: Shkolnik v. Longo