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ROBERTS v. PIUS

267 A.D.2d 292 (1999)

699 N.Y.S.2d 880

DESMOND ROBERTS et al., Appellants, v. DONALD A. PIUS, Respondent.

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

Decided December 13, 1999.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, notice of peeling paint is not notice of a hazardous lead condition (see, Andrade v Wong, 251 A.D.2d 609; Busto v Tamucci, 251 A.D.2d 441). Therefore, the Supreme Court properly determined that the defendant was entitled to summary judgment (see, Brown v Marathon Realty,

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