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COOPER v. RENSSELAER COUNTY

182 Misc.2d 487 (1999)

697 N.Y.S.2d 486

AUDREY COOPER, as Parent and Natural Guardian of REESE COOPER, an Infant, Plaintiff, v. COUNTY OF RENSSELAER et al., Defendants.

Supreme Court, Rensselaer County.

September 28, 1999.

Attorney(s) appearing for the Case

Thuillez, Ford, Gold & Johnson, L. L. P., Albany (Donald P. Ford, Jr., of counsel), for County of Rensselaer, defendant. Horigan, Horigan & Lombardo, P. C., Amsterdam (Joseph D. Giannetti of counsel), for Letterio Milano and another, defendants.

O'Connell & Aronowitz, P. C., Albany (Peter A. Danziger and Mo Athari of counsel), for plaintiff.

OPINION OF THE COURT

JAMES B. CANFIELD, J.

Plaintiff infant claims that he was injured by exposure to lead-based paint in premises owned by the Milanos, as a result of the defendants', Letterio Milano and Stefana Milano (Milanos) and the County of Rensselaer (County), negligence. He first asserts that peeling paint on the walls and ceilings gave the Milanos constructive notice that there was a lead hazard prior to plaintiff's entering the apartment and they...

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