In Rivera v. Nelson, 7 N.Y.3d 530, 858 N.E.2d 1127, 825 N.Y.S.2d 422 (2006), the Court of Appeals was faced with the question as to whether the landlord was liable for injuries which resulted from its refusal to furnish radiator covers to its tenants, despite the tenants' requests they be furnished. The Court determined there was a statutory duty imposed upon the landlord maintain the plaintiffs' apartment in good repair pursuant to Multiple Dwelling Law 78. It went on to state, however, that despite the fact that the plaintiffs recognized the potential hazard posed by the radiators being exposed, and despite their requesting the covers giving the landlord notice of the same, the landlord did not violate any duty owed to the plaintiffs under Multiple Dwelling Law 78. The Court held that because the radiators did not need repair, they did not malfunction in any way, nor did they constitute the type of hazardous condition of which would have exposed the landlord to common law liability. Id. The Rivera Court held that the landlord was not negligent for injuries which likely would have been prevented had the radiator covers been provided because there was no defect which caused the loss. Id.