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SIMMONS v. SACCHETTI

65 A.D.3d 495 (2009)

SAPPHIRE SIMMONS, an Infant, by Her Mother and Natural Guardian, ROSEMARY SIMMONS, et al., Respondents, v. VITO SACCHETTI et al., Appellants, and AMBASSADOR FUEL AND OIL BURNER CORP. et al., Appellants-Respondents, et al., Defendant.

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

Decided August 25, 2009.

This action arises from an accident on December 15, 2005 at 2513 Tratman Avenue in the Bronx, where plaintiff Sapphire Simmons, then 17 months old, was injured when she fell into a bathtub containing scalding hot water. The building complex was owned by defendant Vito Sacchetti, and managed by his son Michael, an employee of defendant TMS Management Company.

Defendant Ambassador Fuel and Oil Burner Corp. had an oral contract with Sacchetti. Sacchetti claims that Ambassador...

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