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ESPINAL v. 570 W. 156TH ASSOCIATES

258 A.D.2d 309 (1999)

685 N.Y.S.2d 199

JENNY ESPINAL, an Infant, by Her Mother and Natural Guardian, SILVERIA CASTILLO, Respondent, v. 570 W. 156TH ASSOCIATES et al., Defendants, and TRUSTEES OF NORTH PRESBYTERIAN CHURCH OF NEW YORK CITY, Appellant. RICARDO RAMOS, Individually and Doing Business as RICHARD MANAGEMENT CO., Third-Party Plaintiff-Respondent, v. NORTH PRESBYTERIAN HEAD START CHILD DEVELOPMENT CENTER, Third-Party Defendant, and TRUSTEES OF NORTH PRESBYTERIAN CHURCH OF NEW YORK CITY, Third-Party Defendant-Appellant. (And Other Actions.)

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

Decided February 9, 1999.

An issue of fact exists as to whether defendant, aware of peeling paint in its building constructed before 1960, could reasonably have foreseen danger to children using the building as a preschool (see, Serrano v Spengler, 96 A.D.2d 935, 936-937; Day v Johnson, 265 App Div 383, 387). While the prohibition against lead paint in day care centers (24 RCNY 47.44) was not in effect during the period of plaintiff's alleged exposure...

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