| Hoang v Man Chong Wong |
| 2008 NY Slip Op 02555 [49 AD3d 694] |
| March 18, 2008 |
| Appellate Division, Second Department |
| Kevin Hoang et al., Appellants, v Man Chong Wong,Respondent. |
—[*1] Connors & Connors, P.C., Staten Island, N.Y. (Michael J. Caulfield, Zena Woldeyesus, andDavid S. Heller of counsel), for respondent.
In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appealfrom an order of the Supreme Court, Kings County (Schneier, J.), dated June 22, 2007, whichgranted the defendant's motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The failure of the defendant landlord to provide heat and hot water to the plaintiffs'apartment was not a proximate cause of the personal injuries sustained by the infant plaintiff.While the defendant's conduct gave rise to the plaintiff mother's attempt to provide a substitutesupply of hot water so that the infant plaintiff could bathe, the intervening act of the mother andthe son walking into each other while the mother sought to transport a pot of boiled water intothe bathroom brought about the injuries sustained by the infant plaintiff. Those injuries wouldnot have resulted from the failure to supply hot water alone, and cannot be classified as injuriesnormally to have been expected to ensue from the defendant landlord's conduct (see Martinezv Lazaroff, 48 NY2d 819, 820 [1979]; Barragan v Mathai, 253 AD2d 508, 509[1998]; Laureano v Louzoun, 165 AD2d 866 [1990]; see also Wells v Finnegan,177 AD2d 893, 894 [1991]). In opposition to the defendant establishing his prima facieentitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact.
The plaintiffs' remaining contentions are without merit. Lifson, J.P., Ritter, Florio and Carni,JJ., concur.