In Rivera v. Nelson Realty, LLC, the Appellate Division, First Department held as matter of law that the owners and managers of an apartment building had not breached their nondelegable to duty under Multiple Dwelling Law sec. 78(1) to maintain the premises in a reasonably safe condition.  A three-year old who lived in the premises with his parents had straddled a radiator without a cover, sustaining serious burns to his legs.  The Majority rejected the plaintiffs’ allegations that the radiator should have been covered so as to prevent young children from touching it, essentially finding that there was no actionable negligence.  Justice Saxe offered his dissenting opinion, observing that the Majority ignored a premises owner’s legal duties.  His dissenting opinion is an interesting read.