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HILL v. LORAC HOUSE, INC.

60, 350392/10.

135 A.D.3d 659 (2016)

23 N.Y.S.3d 573

2016 NY Slip Op 00602

ALIHJA HILL, an Infant, by Her Mother and Natural Guardian, MAYRA PEREZ, et al., Appellants, v. LORAC HOUSE, INC., Respondent.

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

Decided January 28, 2016.

Plaintiffs, through the affidavit of their expert, proffered evidence that their apartment at defendant's premises was tested in 2008, and lead paint was located in the baseboards and closet supports (compare Concepcion v Walsh, 38 A.D.3d 317 [1st Dept 2007]). This finding, along with proof that defendant was on notice that a child under the age of seven resided at the apartment, was sufficient evidence that defendant was on constructive...

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