Practice point: The Appellate Division affirmed denial of defendant's motion for summary judgment in this action seeking damages for injuries resulting from exposure to lead-based paint. The record establishes that the building was constructed prior to 1960; that defendant knew that a child younger than six years of age lived in the apartment; and defendant had actual notice of a positive lead test that it failed to remediate and that resulted in a letter alerting it to the fact that the condition had not been addressed. Defendant's expert's conclusion that the positive test was too remote in time to be reliable does not create a triable issue of fact.
Case: Jocelyn C. v. Soundview Apts. Realty, LLC, NY Slip Op 07388 (1st Dep't October 24, 2017)
Here is the decision.
