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ANDUJAR v. WYLONG

2007-04692.

2008 NY Slip Op 06134

HERIBERTO ANDUJAR, ETC., plaintiff-respondent, v. DOROTHY A. WYLONG, appellant, ET AL., defendants-respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Bivona & Cohen, P.C., New York, N.Y. (Andrew Sapon and Anthony J. McNulty of counsel), for appellant.

Fitzgerald & Fitzgerald, P.C., Yonkers, N.Y. (John E. Fitzgerald, John M. Daly, Eugene S.R. Pagano, and Mitchell L. Gittin of counsel), for plaintiff-respondent.

Before: REINALDO E. RIVERA, J.P., DAVID S. RITTER, HOWARD MILLER, MARK C. DILLON, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The infant plaintiff, by his mother and natural guardian, Jacqueline Quintanilla, commenced this action to recover damages for personal injuries allegedly arising from a lead-based paint condition in an apartment owned by and leased from the defendant Dorothy A. Wylong. The Supreme Court denied Wylong's motion for summary judgment dismissing the complaint and all cross claims insofar as...

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