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BRIGGS v. COUNTRY WIDE REALTY EQUITIES, LTD.

276 A.D.2d 456 (2000)

713 N.Y.S.2d 755

RONALD BRIGGS and Another, Infants, by Their Parent and Natural Guardian, BETH SMALL, et al., Appellants, v. COUNTRY WIDE REALTY EQUITIES, LTD., et al., Defendants, and RONALD MARGAGLIO et al., Respondents.

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

Decided October 2, 2000.

Ordered that the order is affirmed, with costs.

The infant plaintiffs allegedly suffered from lead poisoning as a result of exposure to lead paint in a dwelling rented from the respondents. In opposition to the respondents' prima facie showing of entitlement to summary judgment dismissing the complaint insofar as asserted against them, the plaintiffs failed to raise a triable issue of fact that the respondents had actual or constructive notice of a lead-based paint...

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