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McKOY v. BAGOT

245 A.D.2d 276 (1997)

666 N.Y.S.2d 20

Alisha McKoy and Another, Infants, by Their Mother and Natural Guardian, Sharlisa McKoy, Respondents, v. W. Rudolph Bagot, Respondent, Steven Gunther, Appellant, et al., Defendant. (And a Third-Party Action.)

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

December 1, 1997

Ordered that the order is affirmed, with one bill of costs.

We agree with the Supreme Court that there exist triable issues of fact (see, CPLR 3212 [b]) as to whether the appellant was liable to the plaintiffs under the lead abatement provision of the Administrative Code of the City of New York (see, Juarez v Wavecrest Mgt. Team, 88 N.Y.2d 628). With regard to the appellant's liability to the infant plaintiff...

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