In Isaacs v. West 34th Apts. Corp., 36 A.D.3d 414, 828 N.Y.S.2d 308 (1st Dept 2007), a case wherein the plaintiff passed out and fell against a steam heating pipe and was burned within seconds, the First Department reversed the Supreme Court's decision, which had denied the defendant's motion for summary judgment dismissing the complaint on the ground that there were issues of fact with respect to the landlord's negligence in failing to maintain the premises in a reasonably safe condition and granted summary judgment dismissing the plaintiff's complaint, including his cause of action for common law negligence. (Id. at 415-16.)