BALL v. LEVINE


269 A.D.2d 166 (2000)

701 N.Y.S.2d 901

JANEL BALL et al., Infants, by Their Mother and Natural Guardian, BARBARA BALL, et al., Respondents, v. MELVIN C. LEVINE et al., Respondents, and JAMES BATTISTA et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided February 3, 2000.


Summary judgment in defendants' favor is precluded by an issue of fact as to whether the infant plaintiffs sustained additional injuries as a result of ingesting lead paint chips in their rented residence, not a multiple dwelling, between July 1995, when defendants were notified by the Department of Health of a dangerous lead paint condition in the premises, and November 1995, when plaintiffs moved out of the premises. Such issue is raised by evidence indicating that defendants...

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