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CONCEPCION v. WALSH

38 A.D.3d 317 (2007)

831 N.Y.S.2d 402

JONATHAN CONCEPCION, an Infant, by His Mother and Natural Guardian, IRIS VERA, Appellant, v. ROBERT WALSH et al., Respondents, et al., Defendants.

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

Decided March 15, 2007.

Although issues of fact as to whether the landlord defendants were on notice of a possible lead hazard in the subject apartment are raised by the fact that children under the age of seven resided therein (see Woolfalk v New York City Hous. Auth., 263 A.D.2d 355 [1999]; Munoz v 42 Holding Corp., 30 A.D.3d 361 [2006]), there is no evidence of the actual existence of a lead hazard in the apartment...

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