BYRD v. 2015 CATON AVE. LLC


57 A.D.3d 933 (2008)

870 N.Y.S.2d 453

DIOR BYRD et al., Respondents, v. 2015 CATON AVE., LLC et al., Appellants.

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

December 30, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment is granted.

The infant plaintiff allegedly sustained injuries from exposure to lead paint in an apartment owned by the defendant 2015 Caton Ave., LLC. The Supreme Court denied the defendants' motion for summary judgment dismissing the complaint on the ground that triable issues of fact existed as to whether the defendants had actual or constructive notice of...

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