In Rodriguez v. City of New York, 20 A.D.3d 327 (1st Dept. 2005) the First Department dismissed infant plaintiffs complaint. In Rodriguez, the Court held that landlord's failure to provide a cover for a cast iron radiator in a single room apartment in a homeless shelter was not actionable negligence in an action where the tenant's infant child was severely burned by coming into contact with the radiator. Id. The First Department held that there was no evidence that the radiator was malfunctioning or that it was improperly installed, and the building code did not require covering for that type of radiator. Id.