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MILLER v. 135 REALTY ASSOCIATES, L.P.

266 A.D.2d 112 (1999)

698 N.Y.S.2d 681

JENNIFER A. MILLER, an Infant, by Her Mother and Natural Guardian, DEBRA MILLER, et al., Respondents, v. 135 REALTY ASSOCIATES, L.P., et al., Appellants.

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

Decided November 23, 1999.

Partial summary judgment on the issue of liability was properly granted. Defendants had notice that a child under seven resided in the subject apartment and thus were chargeable with notice of any hazardous lead condition therein (see, Juarez v Wavecrest Mgt. Team, 88 N.Y.2d 628). Defendants' cursory inspections of the apartment, which did not include any tests for the presence of lead...

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