New York City Coalition to End Lead Poisoning v. Koch

• Decision Date: 29 June 1995
• Parties: NEW YORK CITY COALITION TO END LEAD POISONING, et al., Plaintiffs-Appellants, Helen Walker, et al., Plaintiffs-Intervenors-Appellants, Rosemary Mitchell, et al., Proposed Plaintiffs-Intervenors-Appellants, v. Edward KOCH, etc., et al., Defendants-Respondents.
• Court: New York Supreme Court — Appellate Division

Page 17

629 N.Y.S.2d 17

216 A.D.2d 219

NEW YORK CITY COALITION TO END LEAD POISONING, et al., Plaintiffs-Appellants, Helen Walker, et al., Plaintiffs-Intervenors-Appellants, Rosemary Mitchell, et al., Proposed Plaintiffs-Intervenors-Appellants, v. Edward KOCH, etc., et al., Defendants-Respondents.

Supreme Court, Appellate Division,

First Department.

June 29, 1995.

L. Billings, for plaintiffs-appellants.

A.G. Krams and R.A. Esnard, for defendants-respondents.

Before MURPHY, P.J., and ELLERIN, KUPFERMAN, ROSS and MAZZARELLI, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Walter Tolub, J.), entered on March 14, 1994, which, inter alia, denied plaintiffs' motion for partial summary judgment, and denied intervenor-appellant's motion to intervene as a party plaintiff, unanimously modified, on the law, to the extent of granting the motion to intervene, and otherwise affirmed, without costs.

This action seeks to compel defendant-respondent New York City Housing and Preservation Department (HPD) to promulgate and enforce written policies and procedures to carry out its duties under section 27-2013(h) of the Administrative Code of the City of New York, which contains five paragraphs directing HPD to take steps to alleviate the danger of children being exposed to lead-based paint in multiple dwelling housing in the City of New York. This action has been pending for nine years, and has twice previously been before this Court.

We previously affirmed determinations that the matter is justiciable and that the regulations and procedures promulgated by HPD are inadequate to carry out the mandate of the local law. We affirmed the issuance of a preliminary injunction directing HPD to comport its regulations with the requirements of subdivision (h), and also affirmed the denial of plaintiffs' motion for partial summary judgment. See, New York City Coalition to End Lead Poisoning v. Koch, 138 Misc.2d 188, 524 N.Y.S.2d 314, affd. on opn. below,139 A.D.2d 404, 526 N.Y.S.2d 918; New York City Coalition to End Lead Poisoning v. Koch, (Sup.Ct. N.Y County, Aug. 2, 1990, DeGrasse, J.), affd. on opn. below 170 A.D.2d 419, 566 N.Y.S.2d 861.

At the outset on this appeal, we reverse the denial of the proposed intervenors' motion to intervene, and grant the motion. It is clear that the IAS court, which dismissed the intervention motion as moot, misapprehended the effect of the stipulation between the proposed intervening plaintiffs and the Attorney...