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JUAREZ v. WAVECREST MGT. TEAM

212 A.D.2d 38 (1995)

627 N.Y.S.2d 620

Peggy Juarez, an Infant, by Her Mother and Natural Guardian, Noemi Juarez, et al., Respondents, v. Wavecrest Management Team Ltd. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 30, 1995

Attorney(s) appearing for the Case

Genevieve MacSteel of counsel (Jackson & Consumano, attorneys), for Wavecrest Management Team, appellant.

Larry J. Bonchonsky of counsel (Milton M. Witchel, P. C., attorney), for Mayaghor Realty, appellant.

Charles J. Scheld of counsel (Wynne, Wynne, Seedorf & Scheld, attorneys), for 2295 Morris Associates, appellant.

Richard H. Bliss of counsel (Sheri Keller Katz on the brief; Michael Stewart Frankel, attorney), for respondents.

Lucy Billings of counsel (Bronx Legal Services, attorneys), for New York City Coalition to End Lead Poisoning and others, amici curiae.

SULLIVAN, J. P., ROSENBERGER, KUPFERMAN and MAZZARELLI, JJ., concur.

ASCH, J.

Administrative Code of the City of New York § 27-2013 (h) classifies lead paint in multiple dwelling units where children under seven years old live as a hazardous violation that the owner must correct within 24 hours. Many children are poisoned as a result of owners' noncompliance with this statutory requirement.

Plaintiffs brought this action alleging that the infant plaintiff Peggy Juarez...

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