BROWN v. SMITH

CA 11-00168

85 A.D.3d 1648 (2011)

924 N.Y.S.2d 867

2011 NY Slip Op 4959

SHENICE BROWN, an Infant, by her Parent and Natural Guardian, FRANCES BROWN, Respondent, v. OSAMARINA V. SMITH, as Administratrix of the Estate of WILLIAM H. SMITH, Deceased, Defendant, and GEORGE POWELL, as Executor of SARAH SHULTZ STUVER, Deceased, Appellant.

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

Decided June 10, 2011.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: The infant plaintiff commenced this action seeking damages for injuries she allegedly sustained as a result of her exposure to lead paint while residing in a house rented to her mother by George Powell (defendant), as executor of the estate of Sarah Shultz Stuver. Supreme Court properly denied defendant's motion for summary judgment seeking dismissal of the complaint...

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