JOYNER v. DURANT


277 A.D.2d 1014 (2000)

716 N.Y.S.2d 221

ELAINE JOYNER, as Parent and Natural Guardian of CHRISTINA E. BOYD, an Infant, Respondent, v. ROGER W. DURANT et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 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...

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