Rosario v. Bann Housing Corp.

—Order, Supreme Court, Bronx County (Anne Tar-gum, J.), entered on or about May 12, 1994, denying defendant-appellant’s motion to amend its answer to set forth counterclaims against plaintiffs’ parents, unanimously affirmed, without costs.

In the absence of evidence that the parents had a duty with respect to the painting of their rented apartment (see, Multiple Dwelling Law § 78; Administrative Code of City of NY § 27-2013 [h]) or otherwise affirmatively created the condition giving rise to the injury (see, Barocas v Woolworth Co., 207 AD2d 145, 149), the allegations of the proposed…