PERKINS v. COSMOPOLITAN CARE CORPORATION


308 A.D.2d 437 (2003)

764 N.Y.S.2d 276

DELORES PERKINS, Respondent, v. COSMOPOLITAN CARE CORPORATION et al., Appellants, et al., Defendants.

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

Decided September 8, 2003.


Ordered that the judgment is reversed, on the law, with costs, those branches of the motions which were pursuant to CPLR 4404 (a) to set aside the verdict and dismiss the complaint are granted, the complaint is dismissed, and the order dated March 28, 2001, is modified accordingly.

This action was commenced in 1992 on behalf of Lamar Ridley (hereinafter the plaintiff) who allegedly sustained injuries as a result of ingesting lead paint. The lead paint was found to...

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