END LEAD POISONING v. KOCH


138 Misc.2d 188 (1987)

New York City Coalition to End Lead Poisoning et al., Plaintiffs, v. Edward Koch, Individually and as Mayor of New York City, et al., Defendants.

Supreme Court, New York County.

January 20, 1987


Attorney(s) appearing for the Case

Lucy Billings for plaintiffs. Frederick A. O. Schwarz, Jr., Corporation Counsel (Gabriel Taussig, Ellen Henak and Howard Weiss of counsel), for Edward Koch and others, defendants. Robert Abrams, Attorney-General (Roy Moskowitz of counsel), for Cesar Perales, as Commissioner of the New York State Department of Social Services, defendant.


ELLIOTT WILK, J.

Plaintiffs have brought this action to recover damages and to compel defendants to enforce local and Federal statutes designed to control and eliminate the incidence of lead poisoning in children caused by the ingestion of lead-based paint. The municipal defendants move to dismiss the complaint for failure to state a cause of action.

Although denominated a class action, class certification...

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