HARDEN v. TYNATISHON


49 A.D.3d 604 (2008)

856 N.Y.S.2d 134

GERALD HARDEN, Respondent, v. WILLIAM TYNATISHON, Appellant.

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

Decided March 11, 2008.


Ordered that the order is affirmed, with costs.

The infant plaintiff was diagnosed with lead poisoning in early 2002 when he and his family were tenants in a house owned by the defendant. The Orange County Department of Health (hereinafter the DOH) inspected the premises on June 6, 2002, and, by notice dated June 12, 2002, informed the defendant that there were "conditions conducive to lead poisoning" at the house. The plaintiff's family members subsequently repainted...

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