GIBBS v. PAINE


280 A.D.2d 517 (2001)

720 N.Y.S.2d 184

CIARA GIBBS, by Her Mother and Natural Guardian, TYLENE GIBBS, et al., Appellants, v. GEORGE F. PAINE et al., Defendants, and CITY OF NEW YORK, Respondent.

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

Decided February 13, 2001.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs commenced this action against, among others, the City of New York, based on its alleged negligent failure to correct a lead-based paint condition in their apartment after the infant plaintiffs were diagnosed with elevated blood lead levels in March 1995. At that time, they resided in an apartment owned by the defendant George F. Paine.

The New York City Department of Health...

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