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YANIVETH R. v. LTD REALTY CO.

No. 35

27 N.Y.3d 186 (2016)

51 N.E.3d 521

2016 NY Slip Op 02550

YANIVETH R., an Infant, by Her Mother and Natural Guardian, RAMONA S., et al., Appellants, v. LTD REALTY CO. et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of New York.

Decided April 5, 2016.

Attorney(s) appearing for the Case

Levy Konigsberg, LLP, New York City ( Alan J. Konigsberg and Brendan E. Little of counsel), for appellants.

Furey, Furey, Leverage, Manzione, Williams & Darlington, P.C., Hempstead ( Susan Weihs Darlington and Josephine DeLuca of counsel), for respondents.

McGaw, Alventosa & Zajac, Jericho ( Andrew Zajac and Dawn C. DiSimone of counsel), Margaret G. Klein , Defense Association of New York, Inc., Rona L. Platt , and Brendan T. Fitzpatrick , for Defense Association of New York, Inc., amicus curiae.

Herzfeld & Rubin, P.C., New York City ( Linda M. Brown and David B. Hamm of counsel), for New York City Housing Authority, amicus curiae.

Matthew J. Chachère , Northern Manhattan Improvement Corp. Legal Services, New York City and Andrew Goldberg , New York City, for New York City Coalition to End Lead Poisoning and another, amici curiae.

Chief Judge DiFIORE and Judges RIVERA, ABDUS-SALAAM, STEIN and GARCIA concur; Judge FAHEY dissents in an opinion.

OPINION OF THE COURT

New York City adopted lead abatement legislation in 1982 that imposes a duty on landlords to remove lead-based paint in any dwelling unit in which a child six years of age and under resides (see Administrative Code of City of NY former § 27-2013...

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