Opinion
April 11, 1994
Appeal from the Supreme Court, Kings County (Huttner, J.).
Ordered that the judgment is affirmed, with costs.
The infant plaintiff was allegedly injured when he fell into a bathtub which his mother had left running with hot water. The mother commenced this action on behalf of herself and the infant against the owner of the apartment building in which they resided. The complaint alleged that the infant's injuries were caused by the defendant's negligence, based on (1) the defendant's failure to properly maintain the bathroom window such that the mother was required to run hot water in the bathtub to heat the bathroom, and (2) the defendant's failure to properly regulate the maximum temperature of the hot water.
The Supreme Court properly granted the defendant's motion for summary judgment. The infant's injuries were not a foreseeable consequence of the defendant's alleged failure to maintain the bathroom window properly. Rather, the alleged defective condition of the window would have merely furnished the occasion for the infant's injuries (see, Derdiarian v Felix Contr. Corp., 51 N.Y.2d 308, 316; Alamo v U.S. Energy Sys. Co., 193 A.D.2d 708).
As to the defendant's alleged failure to properly regulate the hot water temperature, the plaintiffs failed to raise a triable issue of fact regarding whether the defendant had actual or constructive notice of the allegedly dangerous condition (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562; Brown v Marathon Realty, 170 A.D.2d 426, 427). Bracken, J.P., Lawrence, Copertino and Florio, JJ., concur.