JOCELYN C. v. SOUNDVIEW APARTMENTS REALTY, LLC

4764, 350615/09.

154 A.D.3d 573 (2017)

2017 NY Slip Op 07388

62 N.Y.S.3d 273

JOCELYN C. et al., Respondents, v. SOUNDVIEW APARTMENTS REALTY, LLC, Appellant, et al., Defendant.

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

Decided October 24, 2017.


The court correctly determined that Soundview failed to establish its entitlement to judgment as a matter of law. The record demonstrates that the subject building was constructed before 1960; that Soundview knew that a child younger than six resided in the apartment; and that Soundview had actual notice of a positive lead test in 2006 that it failed to remediate and that resulted in a February 2009 letter alerting it to the fact that the lead condition had not been addressed...

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