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D.H. v. NEW LATHAM HOTEL CORP.

6774, 350053/10-2081, 84025/10.

162 A.D.3d 417 (2018)

2018 NY Slip Op 03941

D.H., an Infant, by Her Mother and Natural Guardian, Maria R., Respondent, v. New Latham Hotel Corp., Appellant, and Icahn House East, LLC, et al., Respondents. Icahn House East, LLC, et al., Third-Party Plaintiffs-Respondents, v. 4 East 28th Street Corp., Third-Party Defendant-Appellant.

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

Decided June 5, 2018.

Plaintiff seeks damages for lead poisoning she sustained between July 25, 2008 and January 25, 2009, while residing in a homeless shelter operated by defendants Icahn House East, LLC and The Children's Rescue Fund, pursuant to a contract with the New York City Department of Homeless Services, and located in a building owned by defendant New Latham Hotel Corp. and managed by third-party defendant, 4 East 28th Street Corp.

Defendant New Latham failed to establish prima...

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