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JADE T. v. NEW YORK CITY HOUSING AUTHORITY

3144, 350150/11.

148 A.D.3d 537 (2017)

2017 NY Slip Op 01987

49 N.Y.S.3d 446

DAKOTA JADE T., an Infant, by her Mother and Natural Guardian, TIESHA J., et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided March 21, 2017.

The court properly denied defendant New York City Housing Authority's (NYCHA) motion for summary judgment. The subject child, Dakota Jade T., born in 2005, was diagnosed as having elevated blood lead levels in 2010, and some of the surfaces that the Department of Health (DOH) tested in each of the subject apartments had positive results for lead. NYCHA, the owner and operator of the subject premises, was responsible for maintaining both apartments. The conflicting test results...

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