Taveras v City of New York (2004 NY Slip Op 03689)

Taveras v City of New York

2004 NY Slip Op 03689 [7 AD3d 291]

May 6, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, July 28, 2004

Jennifer Taveras, an Infant, by Her Mother and Natural Guardian, Isabel Taveras, et al., Appellants,
v
City of New York, Respondent, et al., Defendant.

—[*1]Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered on or about November 15, 2002, which denied plaintiffs' motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Issues of fact exist with respect to defendant's liability for the infant plaintiff's alleged exposure to high levels of lead, including whether defendant's attempted lead abatements were reasonable and whether defendant had notice of the infant plaintiff's residency in the apartment (see Juarez v Wavecrest Mgt. Team, 88 NY2d 628 [1996]). Concur—Nardelli, J.P., Saxe, Williams and Friedman, JJ.