GARCIA v. GESHER REALTY CORP.


280 A.D.2d 440 (2001)

721 N.Y.S.2d 343

DORIS GARCIA, Individually and as Mother and Natural Guardian of CHAZTITY M. RIJOS, Respondent, v. GESHER REALTY CORP. et al., Appellants and Third-Party Plaintiffs-Appellants. 2254 CRO REALTY, INC., et al., Third-Party Defendants-Respondents.

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

Decided February 27, 2001.


In August 1998, plaintiff served the report of her psychologist, which first revealed the existence of a lead paint condition in the apartment where she lived after moving out of defendants' building, and increased lead levels in her blood after such move. It was not necessary that defendants, in order to avoid a charge of frivolousness (CPLR 8303-a), independently confirm these statements made by plaintiff's own health care professional, before commencing a third-party action...

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