MOYA v. CITY OF NY


9 Misc.3d 332 (2005)

801 N.Y.S.2d 496

LUIS ARNALDO PEREZ MOYA, an Infant, by His Mother and Natural Guardian, ANA PEREZ MOYA, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

July 12, 2005.


Attorney(s) appearing for the Case

Bader, Yakaitis & Nonnenmacher, New York City, for plaintiffs.

Michael A. Cardozo, Corporation Counsel, Brooklyn, for City of New York, defendant.


OPINION OF THE COURT

MARK I. PARTNOW, J.

In this action brought by Ana Perez Moya, individually and on behalf of the infant plaintiff Luis Arnaldo Perez Moya (the infant plaintiff) (collectively plaintiffs), to recover damages for personal injuries sustained by the infant plaintiff due to his ingestion of lead-based paint, defendant City of New York moves for summary judgment dismissing plaintiffs' complaint as against it. Plaintiffs move for summary judgment...

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