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WYNN v. TRIP REDEVELOPMENT

296 A.D.2d 176 (2002)

745 N.Y.S.2d 97

SHANE L. WYNN, an Infant, by ADRIANA E. WYNN, His Mother, et al., Appellants, v. T.R.I.P. REDEVELOPMENT ASSOCIATES et al., Respondents. (And a Third-Party Action.)

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

July 3, 2002.

Attorney(s) appearing for the Case

Seymour Fox P.C., Troy (Bonnie P. Chavin of counsel), for appellants.

O'Connor, O'Connor, Mayberger & First P.C., Albany (Colleen D. Galligan of counsel), for T.R.I.P. Redevelopment Associates and another, respondents.

CARDONA, P.J., CREW III, CARPINELLO and ROSE, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Plaintiffs commenced this negligence action seeking damages for lead poisoning injuries which plaintiff Shane L. Wynn (hereinafter the infant) allegedly sustained as a result of ingestion and/or inhalation of lead-based paint in the residential building owned by defendants in which plaintiffs resided from May 1991 through April 1993. Defendants are engaged in the business of community revitalization in which they, inter alia...

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