MADRID v. NIKAC


302 A.D.2d 250 (2003)

755 N.Y.S.2d 379

NATALIE MADRID et al., Infants, by Their Mother and Natural Guardian, MARIA MADRID, et al., Appellants, v. MARKO NIKAC et al., Respondents.

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

Decided February 18, 2003.


It appears that plaintiffs have lived in the same residences known to contain lead hazards, and similarly exhibit symptoms of lead poisoning, but only Lauren has a history of elevated blood levels. In support of their motion to discontinue Natalie's claims, made almost a year after their filing of a note of issue, plaintiffs submitted the affirmation of an expert in childhood lead poisoning, who, after cautioning that Natalie's lead levels were recorded sporadically and therefore...

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