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SAUZO v. WEISS

11 A.D.3d 220 (2004)

784 N.Y.S.2d 477

HAYDEE SAUZO, an Infant, by Her Mother and Natural Guardian, PATRICIA SAUZO, et al., Respondents, v. DAVID WEISS, as Receiver, et al., Defendants, and G & F MANAGEMENT CO., Also Known as NATIONAL MANAGEMENT CORP., Appellant.

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

October 5, 2004.

Defendant management company failed to establish that it ceased managing the building before the infant plaintiff's alleged exposure to lead paint, which began in April 1990. Accordingly, it failed to satisfy its burden as summary judgment movant to demonstrate a prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). We note as well that the evidence submitted...

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