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CARRERO v. 266 HIMROD ASSOCIATES, LLC

3 A.D.3d 516 (2004)

770 N.Y.S.2d 747

CRISTALLEE CARRERO et al., Appellants, v. 266 HIMROD ASSOCIATES, LLC, et al., Respondents.

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

January 20, 2004.

Ordered that the order is affirmed, with costs.

The plaintiff Wyomi Carrero, the mother of the infant plaintiffs, alleged that the infant plaintiffs sustained lead poisoning as a result of exposure to lead paint in their apartment located within a building owned by the defendants. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint.

Based upon proof that the apartment had...

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