Legal Opinion · Concurrence
Worthy v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
Decided August 18, 2005Published
1Concurrence
Tom, J.P., and Saxe, J.,
concur in a separate memorandum by Tom, J.P., as follows: The owner of a multiple dwelling is required to remove or cover lead paint (Administrative Code of City of NY § 27-2056.1 et seq. [former § 27-2013 (h), added by Local Law No. 1 (1982) of City of New York § 1]). The law includes a rebuttable presumption that peeling paint in a multiple dwelling erected prior to January 1, 1960 contains a hazardous concentration of lead (Administrative Code § 27-2056.5 [former § 27-2013 (h) (2)]) and provides that the condition constitutes an immediately hazardous (class C)…
2Cases cited28 opinions
- Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
- Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
- Berkey v. Third Avenue Railway Co.New York Court of Appeals · 1926
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
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