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MARTE v. 1090 UNIVERSITY AVENUE, LLC

50 A.D.3d 342 (2008)

856 N.Y.S.2d 559

JONATHAN MARTE et al., Appellants, v. 1090 UNIVERSITY AVENUE, LLC, Respondent, et al., Defendants.

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

Decided April 8, 2008.

The infant plaintiffs moved into the subject apartment in July 1994. On March 17, 1995, the New York City Department of Health issued an abatement order identifying one area in the apartment as having lead in excessive levels. It is uncontested that the lead was immediately abated. The current landlord of the building in question, defendant 1090 University Avenue, acquired the property on March 23, 1995. On May 10, 1995, the Department of Health issued a report confirming...

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