GONZALES v. NEMETZ


276 A.D.2d 670 (2000)

714 N.Y.S.2d 751

LUIS GONZALES et al., Respondents, v. JEROLD E. NEMETZ, Appellant. (And a Third-Party Action.)

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

Decided October 23, 2000.


Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff allegedly sustained injuries from lead poisoning as a result of exposure to lead paint during visits to an apartment rented by his aunt and owned by the defendant. The defendant moved for summary judgment dismissing the complaint, submitting evidence that he had no actual or constructive notice of a dangerous lead paint...

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