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SAVORY v. 2120 REALTY CO. LLC

4235.

2009 NY Slip Op 01517

IRIS SAVORY, as administratrix of the ESTATE OF CARMEN GARCIA, ETC., Plaintiff-Respondent, v. 2120 REALTY CO. LLC, Defendant-Appellant, BAUER OIL BURNER SERVICES, ET AL., Defendants. [and a Third-Party Action].

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

Decided March 3, 2009.

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Joel M. Simon of counsel), for appellant.

Law Office Scott B. Schwartz, PLLC, New York (Scott B. Schwartz of counsel), for respondent.

Before: Andrias, J.P., Nardelli, McGuire, Moskowitz, Renwick, JJ.

Plaintiff's decedent, a 58-year-old woman who, due to severe mental infirmities, had the mental capacity of a two year old, lived in an apartment in a building owned by defendant 2120 Realty Co. On August 25, 2003, plaintiff's decedent's home health attendant was giving plaintiff's decedent a warm bath in the apartment's bathroom. While the water was draining from the tub, the health care attendant left the bathroom to turn on an air conditioner in another room of the apartment...

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