Rivera v. Nelson Realty. LLC

In Rivera v. Nelson Realty. LLC, 7 N.Y.3d 530 (2006) the Court of Appeals held that where a radiator did not need repair or did not malfunction in any way, an uncovered radiator did not constitute the type of hazardous condition of which actual or constructive notice would expose a landlord to common-law liability or liability pursuant to the Multiple Dwelling Law. Id. In addition, the Court held that any duty to protect children from uncovered radiators remains that of the tenant, unless some other statute or regulation imposes it on the landlord. Id.