STOVER v. ROBILOTTO


277 A.D.2d 801 (2000)

716 N.Y.S.2d 146

CARLISA STOVER, Individually and as Parent and Guardian of EVERTON M. LEWIS, an Infant, Appellant, v. YOLANDO ROBILOTTO, as Executor of JAMES O'CONNOR, Deceased, Respondent.

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

Decided November 22, 2000.


Mugglin, J.

In this action, plaintiff seeks to recover damages from decedent, her prior landlord, predicated on his liability for injury to her infant son as a result of the ingestion or inhalation of lead-based paint, paint particles or dust while living at the leased premises. Supreme Court's dismissal of the complaint was based on lack of evidence of either actual or constructive notice of the alleged dangerous condition to decedent. Plaintiff appeals.

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