KING v. NEW YORK CITY HOUSING AUTHORITY

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

Katherine KING, Plaintiff-Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Defendant-Respondent.

Decided: January 23, 1997

Before MURPHY, P.J., and ROSENBERGER, ELLERIN and WALLACH, JJ. Tania M. Pagan, for Plaintiff-Appellant. Anna M. Grimaldi, for Defendant-Respondent.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered October 3, 1995, which granted defendant's motion for summary judgment dismissing the complaint and denied, as moot, plaintiff's cross motion for leave to file a late notice of claim or amend said notice nunc pro tunc, and to amend her complaint, unanimously affirmed, without costs.

It must be held, on constraint of Martinez v. Lazaroff, 48 N.Y.2d 819, 424 N.Y.S.2d 126, 399 N.E.2d 1148, that the landlord's alleged failure to provide cold water in plaintiff's kitchen was not a proximate cause of her slipping on water she was collecting in a pot in the bathroom.   In that regard, it makes no difference whether the intervening act was plaintiff's or another's (see, Abreu v. Stratford Realty Assocs., 208 A.D.2d 465, 617 N.Y.S.2d 331).   In view of foregoing, we need not reach the issues raised by plaintiff's cross motion.

MEMORANDUM DECISION.