In Tirella v. American Properties Team, Inc., 145 AD2d 724, 535 N.Y.S.2d 252 (3rd Dept. 1988), plaintiff attempted to take her first bath in an apartment. She turned on the bath water without first checking the water temperature and left the room until the tub was filled. Plaintiff returned to the tub and placed her feet in the water without first testing the water temperature. The water was extremely hot and she sustained second and third degree burns. The defendants moved for summary judgment. The trial court denied defendants' motions and the Third Department affirmed. In so holding, the Third Department stated that plaintiff's culpable conduct in failing to test the water prior to placing her feet in the tub was not a superceding intervening cause of the accident sufficient to negate the defendants' duty of care and bar recovery by plaintiff as a matter of law. Id. at 725. The Court considered plaintiff's failure to check the water temperature before immersing her feet a normal and reasonably foreseeable consequence of the situation created by defendants' negligence in permitting the water to become too hot. Id. Moreover, any failure by plaintiff may be considered by the jury on the issue of comparative negligence and plaintiff's conduct does not break the causal nexus chain. Id.