S.H. v. NEIGHBORHOOD PARTNERSHIP HOUS. DEV. FUND CO., INC.

350177/09 5989 5988.

159 A.D.3d 504 (2018)

69 N.Y.S.3d 805

2018 NY Slip Op 01641

S.H., an Infant, Appellant, v. NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC., et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided March 15, 2018.


Dismissal of the complaint as against NPH and Odessa was proper because there is a lack of evidence to support an inference that they had notice that a child under seven resided in the apartment (see generally Juarez v Wavecrest Mgt. Team, 88 N.Y.2d 628, 646-647 [1996]). The fact that the building superintendent may have observed infant plaintiff present on a single occasion, or even occasionally, without more, is insufficient to...

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