IBERT v. TUSCAN ASSOCIATES, INC.


37 A.D.3d 194 (2007)

829 N.Y.S.2d 64

CHRISTIAN IBERT, an Infant, by His Mother and Natural Guardian, GERMANIA IBERT, et al., Respondents, v. TUSCAN ASSOCIATES, INC., et al., Defendants, and MARIO MILEVOI et al., Appellants.

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

Decided February 6, 2007.


This is an action for personal injuries allegedly sustained by the infant plaintiff (born April 2, 1988) as the result of his alleged exposure to lead paint in the apartment where his family resided from August 1985 until May 1992. The Milevoi defendants, who are appealing the denial of their motion for summary judgment, purchased the building containing the subject apartment on October 31, 1991, and continued to own it for the remainder of plaintiffs' tenancy.

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