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VALERIO v. CITY OF NY

187 Misc.2d 867 (2000)

725 N.Y.S.2d 158

EDWIN VALERIO et al., Infants, by Their Mother and Natural Guardian, JOSEFINA REYES, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, New York County.

August 28, 2000.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel (Phoebe McCray of counsel), for City of New York, defendant.

Fitzgerald & Fitzgerald, Yonkers, for plaintiffs.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

The City moves for summary judgment; plaintiffs cross-move to amend the complaint to assert breach of a special duty.

Plaintiffs sue the City and their landlord for personal injuries allegedly incurred by Josefina Reyes's children, who ate lead paint chips in their apartment. Plaintiffs claim, inter alia, that the City was deficient in enforcing lead-poisoning statutes and regulations, including...

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