Valerio v. City of New York

OPINION OF THE COURT

Michael D. Stallman, J.

The City moves for summary judgment; plaintiffs cross-move to amend the complaint to assert breach of a special duty.

Plaintiffs sue the City and their landlord for personal injuries allegedly incurred by Josefina Reyes’s children, who ate lead paint chips in their apartment. Plaintiffs claim, inter alia, that the City was deficient in enforcing lead-poisoning statutes and regulations, including the Federal Lead-Based Paint Poisoning Prevention Act (42 USC § 4822 [LPPPA]).

*868The City contends that it first became involved in 1996, when its Department of…