Chadwick v. Sabin
| Decision Date | 14 April 2003 |
| Citation | 304 A.D.2d 603,757 N.Y.S.2d 470 |
| Court | New York Supreme Court — Appellate Division |
| Parties | MARLON CHADWICK et al., Appellants,<BR>v.<BR>CRAWFORD E. SABIN et al., Respondents, et al., Defendants. (Action No. 1.)<BR>MARLON CHADWICK et al., Plaintiffs,<BR>v.<BR>ST. LUKE'S ROOSEVELT HOSPITAL CENTER et al., Defendants. (Action No. 2.) |
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that to impose liability upon a landlord for injuries resulting from a hazardous lead-paint condition upon the premises, a plaintiff must establish that the landlord had actual or constructive notice of the condition for such a period of time that, in the exercise of reasonable care, it should have been remedied (see Juarez v Wavecrest Mgt. Team, 88 NY2d 628, 646 [1996]; Batista v Mohabir, 291 AD2d 365 [2002]). In multiple dwellings located in the City of New York, constructive notice of a hazardous lead-paint condition is presumed where the landlord has notice that a child under the age of six resides in the unit (see Administrative Code of City of NY § 27-2056.4; Juarez v Wavecrest Mgt. Team, supra at 647).
The defendant landlords made a prima facie showing of entitlement to judgment as a matter of law through submission of evidence demonstrating that the premises was not a multiple dwelling and that they had neither actual nor constructive notice of a lead-based paint condition on the premises (see CPLR 3212 [b]; Multiple Dwelling Law § 4 [1], [7], [15]; Vazquez v Prevosto, 300 AD2d 299 [2002]). The plaintiffs' evidentiary submissions failed to raise a triable issue of fact (see Chapman v Silber, 97 NY2d 9 [2001]; Batista v Mohabir, supra).
The plaintiffs' remaining contention is without merit (see CPLR 2221 [e]).
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