Walker v. DiPaolo

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the amended complaint. Defendant owned a residence that he rented to plaintiff in June 1987. Defendant received a letter from the Erie County Department of Health dated November 14, 1989 notifying him that plaintiff’s infant daughter was diagnosed with elevated lead levels and that defendant was required to remove the lead-based paint at the premises. Defendant attempted to abate the conditions but received another letter from the Erie County Department of…