Legal Opinion

Roberts v. Pius

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

Decided December 13, 1999PublishedCited by 3 opinions

1Opinion of the Court

—In an action to recover damages *293for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 11, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contention, notice of peeling paint is not notice of a hazardous lead condition (see, Andrade v Wong, 251 AD2d 609; Busto v Tamucci, 251 AD2d 441). Therefore, the Supreme Court properly determined that the defendant was entitled to summary judgment (see, Brown v…

2Cases cited3 opinions

  1. Brown v. Marathon Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Andrade v. WongAppellate Division of the Supreme Court of the State of New York · 1998
  3. Busto v. TamucciAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by3 opinions

  1. Chapman v. SilberAppellate Division of the Supreme Court of the State of New York · 2000
  2. Cordero v. PoschmannAppellate Division of the Supreme Court of the State of New York · 2000
  3. Andrade v. OrsiniAppellate Division of the Supreme Court of the State of New York · 2000

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