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RANDOLPH v. HILL

258 A.D.2d 638 (1999)

685 N.Y.S.2d 802

ELIAS RANDOLPH, an Infant, by His Mother and Natural Guardian, LESLIE RANDOLPH, et al., Plaintiffs, v. EDWARD ST. HILL, Defendant and Third-Party Plaintiff-Appellant. 834-48 NOSTRAND AND EASTERN CORPORATION, Third-Party Defendant; DEWHOL REALTY, INC., Third-Party Defendant-Respondent.

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

Decided February 22, 1999.

Ordered that the order is affirmed, with costs.

Administrative Code of the City of New York § 27-2013 (h) creates a rebuttable presumption that in any apartment in a multiple dwelling erected in the City of New York before 1960, in which a child who is six years of age or under resides, any peeling paint or similar surface-coating material comprises a hazardous lead condition (see, Juarez v Wavecrest Mgt. Team, 88 N.Y.2d 628

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