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H&H EQUITIES v. BAEZ

175 Misc.2d 486 (1997)

670 N.Y.S.2d 672

H&H Equities, Appellant, v. Ana Baez, Respondent.

Supreme Court, Appellate Term, First Department.

November 5, 1997

Attorney(s) appearing for the Case

Feldman Delio & Wachtel, L. L. P., New York City (Gary J. Wachtel and Julie Wilks of counsel), for appellant. Bronx Legal Services (Elizabeth Maris of counsel), for respondent.

OSTRAU, P. J., and DAVIS, J., concur; McCOOE, J., dissents in a separate memorandum.

Per Curiam.

Order entered November 2, 1995 affirmed with $10 costs.

Alleging that chipping and peeling paint in her Bronx apartment created a lead hazard for her infant daughter, tenant Ana Baez (the respondent in the underlying nonpayment proceeding) sought a court-ordered inspection to test the apartment premises for lead. Tenant's motion was granted on consent to the extent of setting the matter down for a hearing...

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