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CARLUCCI v. CITY OF NEW YORK

5955, 21166/05, 5956

89 A.D.3d 489 (2011)

932 N.Y.S.2d 66

2011 NY Slip Op 7911

ZAKKARIE CARLUCCI et al., Respondents, v. CITY OF NEW YORK et al., Appellants, and STAR HOUSING et al., Appellants-Respondents, et al., Defendants.

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

Decided November 10, 2011.

The infant plaintiff allegedly sustained injuries as a result of exposure to lead while residing in a privately owned apartment in which he and his mother had been placed by the New York City Department of Homeless Services (NYCDHS). Defendants Star Housing and York Management contend that since they neither owned nor were in exclusive control of the apartment building, they are not liable for the infant plaintiff's injuries. However, the record evidence presents issues of...

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