K.V. v. NEW YORK CITY HOUS. AUTH.

11059N.

180 A.D.3d 533 (2020)

115 N.Y.S.3d 891

2020 NY Slip Op 01133

K.V., an Infant, by His Guardian Ad Litem, Debra C., et al., Respondents, v. New York City Housing Authority, Appellant.

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

Decided February 18, 2020.


The court providently exercised its discretion in granting plaintiffs' motion to reargue (see CPLR 2221[d]). Under First Department precedent, as clarified by Z.D. v MP Mgt., LLC (150 A.D.3d 550 [1st Dept 2017]), records pertaining to lead paint in the apartment building as a whole are relevant to the issue of defendant's notice of a lead condition in other parts of the building that may have triggered an independent "obligation...

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