In Carlos v. 395 E. 151 St., LLC (41 A.D.3d 193 [1st Dept 2007]) , the First Department reversed summary judgment for a defendant where the plaintiff alleged that she was scalded by hot water in her bathtub. Although concluding that the Building Code maximum setting of 120 degrees did not apply because of when the building was built (see id. at 195), the court stated that "Section 78 (1) of the Multiple Dwelling Law requires the owners of multiple dwellings to keep their premises in good repair,' and Section 77 (4) of the same statute specifically requires that plumbing and drainage system be maintained in good repair'" (see id.) The court concluded that "a question of fact exist[ed] as to whether defendants had notice of a problem with the building's hot water system prior to plaintiff's injury." (See id. at 196.)