716 N.Y.S.2d 221 | N.Y. App. Div. | 2000
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action against defendants, her landlords, after her daughter was diagnosed with lead poisoning. She asserted causes of action for negligence and breach of the warranty of habitability (see, Real Property Law § 235-b). Supreme Court erred in denying that part of defendants’ motion seeking summary judgment dismissing the complaint. Defendants met their burden of establishing that they had no actual or constructive notice of the dangerous lead paint condition, and plaintiff failed