LOPEZ v. NO KIT REALTY CORP.


254 A.D.2d 155 (1998)

679 N.Y.S.2d 114

Alex Lopez et al., Appellants, v. No Kit Realty Corp. et al., Respondents

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

October 20, 1998


We modify as indicated because the infant plaintiff, Alex Lopez, at the age of 2 years — the age at which his lead poisoning was diagnosed — was not yet legally capable of negligence, as alleged against him in the fourth affirmative defense (see, Galvin v Cosico, 90 A.D.2d 656, appeal dismissed 58 N.Y.2d 1115). This analysis does not, of course, apply to the...

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