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IRIZARRY v. CHU

283 A.D.2d 947 (2001)

724 N.Y.S.2d 379

SONIA N. IRIZARRY, Individually and as Parent and Natural Guardian of JOSE M. RIVERA, an Infant, Respondent, v. DIEP CHU et al., Appellants. (Appeal No. 1.)

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

Decided May 2, 2001.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. Plaintiff commenced this action individually and on behalf of her infant son, alleging that her son had been exposed to lead paint while residing in property owned by defendants. Although defendants alleged in support of their motion that they had no actual or constructive...

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