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HINES v. RAP REALTY CORP.

258 A.D.2d 440 (1999)

684 N.Y.S.2d 594

ANASHATIER HINES, an Infant, by Her Mother and Natural Guardian, CRYSTAL GARRETT, et al., Respondents, v. RAP REALTY CORP. et al., Appellants.

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

Decided February 1, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiffs contend that the infant plaintiff suffered from lead poisoning as a result of exposure to lead paint in a dwelling rented from the defendants. However, there is no evidence that the defendants had actual notice of the hazardous lead condition (see, Andrade v Wong, 251 A.D.2d 609; Brown v Marathon...

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