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WALTON v. ALBANY DEV. AGENCY

279 A.D.2d 93 (2001)

718 N.Y.S.2d 456

JOHN WALTON, Individually and as Parent and Guardian of RALISHA WALTON, an Infant, et al., Appellants, v. ALBANY COMMUNITY DEVELOPMENT AGENCY, Defendant, and WEST HILL IMPROVEMENT CORPORATION et al., Respondents.

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

January 11, 2001.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany (Mo Athari of counsel), for appellants.

Thuillez, Ford, Gold & Johnson, Albany (Donald P. Ford, Jr., of counsel), for Peter J. Farrell, respondent.

D'Agostino, Krackeler, Baynes & Maguire, Menands (Arete Sprio of counsel), for County of Albany, respondent.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P. C., Albany (Andrew G. Ceresia of counsel), for West Hill Improvement Corporation, respondent.

Bouck, Holloway, Kiernan & Casey, Albany (Mark D. Sanza of counsel), for Anthony Smith, respondent.

Hodgson, Russ, Andrew, Woods & Goodyear, Albany (Theresa J. Puleo of counsel), for Savitrie Boodwha and another, respondents.

CREW III, J.P., SPAIN, MUGGLIN and LAHTINEN, JJ., concur.

OPINION OF THE COURT

ROSE, J.

This consolidated action was commenced on behalf of three children, Ralisha, Mercedes and Larissa, seeking damages for injuries sustained as a result of their ingestion of lead-based paint during their residence in apartments owned or maintained by defendants from 1991 to 1993. Supreme Court granted defendants' motions for summary judgment dismissing the action solely on the ground that plaintiffs failed to establish a causal...

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