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CHAPMAN v. SILBER

275 A.D.2d 122 (2000)

714 N.Y.S.2d 575

JAMES C. CHAPMAN et al., Individually and as Parents and Guardians of JAQUAN CHAPMAN, an Infant, Respondents, v. DENNIS SILBER et al., Appellants.

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

October 26, 2000.

Attorney(s) appearing for the Case

Horigan, Horigan, Lombardo & Kelly, P. C., Amsterdam (Derek L. Hayden of counsel), for Dennis Silber, appellant.

Bohl, Della Rocca & Dorfman, P. C., Albany (John T. Casey of counsel), for Gertrude Silber and others, appellants.

O'Connell & Aronowitz, Albany (Peter Danziger of counsel), for respondents.

CARDONA, P.J., GRAFFEO, MUGGLIN and LAHTINEN, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

This appeal presents the question of whether a landlord's knowledge of peeling and chipping paint in the leased premises constitutes constructive notice of a dangerous or defective condition such that the landlord can be liable for the lead poisoning of an infant tenant. Defendants are the former owners of a two-family residence located on Myrtle Avenue in the City of Albany.1 Defendant Dennis...

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