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ANDON v. 302-304 MOTT ST.

257 A.D.2d 37 (1999)

690 N.Y.S.2d 241

ANTONIO ANDON, an Infant, by His Mother and Natural Guardian, PRUDENCIA ANDON, et al., Appellants, v. 302-304 MOTT STREET ASSOCIATES et al., Respondents. (And a Third-Party Action.)

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

May 20, 1999.

Attorney(s) appearing for the Case

Alexander J. Wulwick of counsel, New York City (Roura & Melamed, attorneys), for appellants.

Mark S. Cheffo of counsel, New York City (Sheila L. Birnbaum and Anne Y. Shields on the brief; Skadden, Arps, Slate, Meagher & Flom, L. L. P., attorneys), for respondents.

ELLERIN, P. J., WILLIAMS and SAXE, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

Plaintiff Prudencia Andon commenced this action on behalf of herself and her son Antonio to recover for personal injuries sustained by Antonio as a result of exposure to lead-based paint. The injuries allegedly suffered by the infant plaintiff include learning disability, developmental delays in speech and language, emotional behavior problems and communication skills that are below age level. The issue on this appeal is...

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