Joyner v. Durant
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—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 the complaint. Defendants met their burden of establishing that they had no actual or constructive notice of the dangerous lead paint…
2Cases cited5 opinions
- Lanthier v. FeroletoAppellate Division of the Supreme Court of the State of New York · 1997
- Boler v. MalikAppellate Division of the Supreme Court of the State of New York · 1999
- Carpenter v. SmithAppellate Division of the Supreme Court of the State of New York · 1993
- Durand v. Roth Bros. Partnership Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Stone v. GordonAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by11 opinions
- Pagan v. RafterAppellate Division of the Supreme Court of the State of New York · 2013
- Doe v. Westfall Health Care Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Sanders v. PatrickAppellate Division of the Supreme Court of the State of New York · 2012
- Chira v. Columbia University in New York CityDistrict Court, S.D. New York · 2003
- Hamilton v. PicardoAppellate Division of the Supreme Court of the State of New York · 2014
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