SAMANTHA G. v. CONCILIO DE IGLESIAS DE PENTECOSTALES VISION PARA HOY, INC.

12729, 350631/08.

118 A.D.3d 487 (2014)

987 N.Y.S.2d 141

2014 NY Slip Op 4146

SAMANTHA G., an Infant, by Her Grandmother and Legal Guardian, ANA R., Appellant, v. CONCILIO DE IGLESIAS DE PENTECOSTALES VISION PARA HOY, INC., Defendant, and 1460 GRAND CONCOURSE CO., LLC, Respondent.

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

Decided June 10, 2014.


The motion court correctly concluded that plaintiff failed to demonstrate the existence of an issue of fact concerning whether: (1) defendant Concourse had notice of her residency in the apartment prior to June 2005; (2) defendant Concourse had notice of any hazardous lead condition which it failed to abate prior to the notice from the Department of Health in or about April 2005; and (3) plaintiff's exposure to lead in defendant Concourse's apartment, if any, proximately...

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