JUAREZ v. WAVECREST MGT TEAM


88 N.Y.2d 628 (1996)

672 N.E.2d 135

649 N.Y.S.2d 115

Peggy Juarez, an Infant, by Her Mother and Natural Guardian, Noemi Juarez, et al., Respondents, v. Wavecrest Management Team Ltd., Defendant, and Mayaghor Realty, Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1996.


Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City (Sheila L. Birnbaum, Barbara Wrubel and David J. Abrams of counsel), and Milton M. Witchel, P. C. (Larry J. Bonchonsky of counsel), for appellant.

Richard H. Bliss, New York City, and Michael Stewart Frankel for respondents.

Paul A. Crotty, Corporation Counsel of New York City (Cheryl Payer and Stephen J. McGrath of counsel), for City of New York, amicus curiae.

Anderson Kill Olick & Oshinsky, P. C., New York City (Howard E. Cotton, Irene C. Warshauer, Amalia G. Pena, Amy Borress Glass and Wendy L. Rapp of counsel), for Rent Stabilization Association of N. Y. C., Inc., amicus curiae.

Hodgson, Russ, Andrews, Woods & Goodyear, LLP, Buffalo (Benjamin M. Zuffranieri, Jr., Michael P. Murphy and Michael V. McLaughlin of counsel), for Nationwide Insurance Company, amicus curiae.

Howell, Gately, Whitney & Carter (David A. Carter and Una M. Perez, of the Maryland Bar, admitted pro hac vice, of counsel), for American Insurance Association, amicus curiae.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Paul J. Bottari, Nina Cangiano and Angelo Rios of counsel), for New York City Housing Authority, amicus curiae.

Landman Corsi Ballaine & Ford P. C., New York City (William G. Ballaine and Kenneth J. Rubinstein of counsel), for Federal Home Loan Mortgage Corporation and another, amici curiae.

Peltz, Walker & Dubinsky, New York City (Bhalinder L. Rikhye of counsel), for Calvert Insurance Company, amicus curiae.

Lucy Billings, Bronx, and Matthew J. Chachere for New York City Coalition to End Lead Poisoning and others, amici curiae.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


Chief Judge KAYE.

This case, brought on behalf of a child suffering from lead poisoning, presents our first opportunity to consider the liability of a landlord who has allegedly failed to comply with the lead abatement provision of the Administrative Code of the City of New York. That provision, Local Law 1, requires the owner of a multiple dwelling to "remove or cover...

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