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MENDOZA v. MORTLEN REALTY CORP.

Nos. 5851, 109483/07.

88 A.D.3d 611 (2011)

931 N.Y.S.2d 62

2011 NY Slip Op 7520

YAMILET MENDOZA, an Infant, by Her Mother and Natural Guardian, CAROLINA PELAEZ, et al., Respondents, v. MORTLEN REALTY CORP. et al., Appellants.

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

Decided October 25, 2011.

In this action alleging injury to the infant plaintiff caused by lead-paint poisoning, plaintiffs met their initial burden of establishing entitlement to summary judgment on the issue of liability based on evidence that defendant Mortlen Realty had actual and/or constructive notice that at least one child under the age of six was residing in the subject apartment in August 2006. They also established that the building is a multiple...

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