Legal Opinion

Van Wert v. Randall

Appellate Division of the Supreme Court of the State of New York

Decided November 1, 2012Published

1Opinion of the CourtMcCarthy, J.

Appeal from an order of the Supreme Court (Hummel, J.), entered March 29, 2012 in Rensselaer County, which partially denied plaintiffs motion for, among other things, a protective order.

From approximately 1994 until 1996, plaintiff (born in 1991) and her family resided in two apartments owned by defendants. During that time period, tests indicated that plaintiff had elevated blood lead levels. In 2009, plaintiff commenced this action seeking damages for neurological injuries she alleges that she sustained as a result of exposure to lead-based paint in defendants’ apartments. Following…

2Cases cited7 opinions

  1. Chapman v. SilberNew York Court of Appeals · 2001
  2. Cunningham v. AndersonAppellate Division of the Supreme Court of the State of New York · 2011
  3. Robinson v. BartlettAppellate Division of the Supreme Court of the State of New York · 2012
  4. Sleasman v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1995
  5. M.F. v. DelaneyAppellate Division of the Supreme Court of the State of New York · 2007

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