Molina v. Belasquez

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Colar, J), dated September 10, 2002, which denied her motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

To impose liability for a lead-paint hazard, a plaintiff must establish that the landlord had actual or constructive notice of and a reasonable opportunity to remedy the hazardous condition (see Chapman v Silber, 97 NY2d 9 [2001]; McCabe v Hans, 298 AD2d 565 [2002]). Further, the proponent of a summary…