TEJADA v. CITY OF NEW YORK


309 A.D.2d 676 (2003)

765 N.Y.S.2d 866

ROSEMARY TEJADA et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided October 28, 2003.


The complaint alleges that the infant plaintiff, Rosemary Tejada, ingested lead while residing in premises owned by defendant Lophijo Realty Corporation but under the exclusive control and possession of defendant Belleclaire Hotel Corp. pursuant to a 20-year lease under which the tenant Belleclaire agreed to relieve the owner of all liability for injury to any person. As an out-of-possession owner without the right or duty to enter and repair, Lophijo Realty is not subject...

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