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Abreu v. Stratford Realty Associates

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1994
208 A.D.2d 465 (N.Y. App. Div. 1994)

Opinion

October 27, 1994

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).


Since defendant landlord's failure to provide heat and hot water is not a proximate cause of the injuries sustained by plaintiff when she stumbled while carrying a pot of hot water, which she had heated on her stove, into the bathroom, the complaint must be dismissed pursuant to Martinez v. Lazaroff ( 48 N.Y.2d 819).

The rejection of the belated presentation of an entirely new theory of recovery as to disrepair of the bathroom floor was a proper exercise of the IAS Court's discretion since the considerable prejudice to defendant, which had completed its discovery and obtained summary judgment dismissing the complaint on the first theory, was properly treated as "[t]he operative factor considered" (Gonfiantini v. Zino, 184 A.D.2d 368, 369).

We have considered the plaintiff's remaining arguments, and find them to be without merit.

Concur — Murphy, P.J., Carro, Ellerin, Wallach and Kupferman, JJ.


Summaries of

Abreu v. Stratford Realty Associates

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1994
208 A.D.2d 465 (N.Y. App. Div. 1994)
Case details for

Abreu v. Stratford Realty Associates

Case Details

Full title:MARIA ABREU, Appellant, v. STRATFORD REALTY ASSOCIATES, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 27, 1994

Citations

208 A.D.2d 465 (N.Y. App. Div. 1994)
617 N.Y.S.2d 331

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