JAMES C. CHAPMAN et al., Individually and as Parents and Guardians of JAQUAN CHAPMAN, an Infant, Appellants,
v.
DENNIS SILBER et al., Respondents.
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.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 6, 2001.
Decided November 15, 2001.
Attorney(s) appearing for the Case
O'Connell and Aronowitz, Albany (Peter Danziger and Mo Athari of counsel), for appellants in the first above-entitled action.
Horigan, Horigan, Lombardo & Kelly, P.C., Amsterdam (Derek L. Hayden of counsel), for Dennis Silber, respondent in the first above-entitled action.
Bohl, Della Rocca & Dorfman, P. C., Albany (John T. Casey, Jr., of counsel), for Gertrude Silber and others, respondents in the first above-entitled action.
O'Connell and Aronowitz, Albany (Peter Danziger and Mo Athari of counsel), for appellants in the second above-entitled action.
Friedman, Hirschen, Miller & Campito, P. C., Schenectady (Peter J. Camp of counsel), for respondent in the second above-entitled action.
Northern Manhattan Improvement Corporation Legal Services, New York City (Kenneth Rosenfeld, Matthew J. Chachère and Theodora Galacatos of counsel), for New York City Coalition to End Lead Poisoning and others, amici curiae, in the first and second above-entitled actions.
Skadden, Arps, Slate, Meagher & Flom L. L. P., New York City (Sheila L. Birnbaum, Mark S. Cheffo and Mary Ann Le Fort of counsel), and Goodwin Proctor L. L. P. (Joanne M. Gray and Christopher J. Garvey of counsel), for New York State Builders Association and others, amici curiae, in the first and second above-entitled actions.
Dennis A. Kaufman, Syracuse, Lewis Liebler and Lawrence R. Sheets for Legal Services of Central New York and others, amici curiae, in the second above-entitled action.
Friedlander & Friedlander, P.C., New York City (William S. Friedlander of counsel), for New York State Trial Lawyers Association, amicus curiae, in the second above-entitled action.
Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur; Judge GRAFFEO taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
CIPARICK, J.
What evidence of notice must a plaintiff-tenant in a lead paint poisoning case proffer in order to survive defendant-landlord's motion for summary judgment? We conclude that, absent controlling legislation, a triable issue of fact is raised when a plaintiff shows that the landlord (1) retained a right of entry to the premises and assumed a duty to make repairs, (2) knew that the apartment was constructed at a time before...
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