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SAUNDERS v. BAKER

285 A.D.2d 497 (2001)

727 N.Y.S.2d 169

CHRISTOPHER SAUNDERS, an Infant, by His Mother and Natural Guardian, SUZANNE SAUNDERS, Also Known as SUZANNE SHANKS, et al., Respondents, v. ANDRE BAKER, Defendant, and MICHAEL WELLS, Appellant.

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

Decided July 9, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

In 1993, the infant plaintiff, Christopher Saunders, was diagnosed with lead poisoning due to the ingestion of lead paint in his home. Thereafter, the Westchester County Department of Social Services located a new apartment for him and his

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