Clarke v. City of New York

*1144The plaintiff Kezieann Clarke commenced this action, individually and on behalf of her infant child, against the City of New York to recover damages for personal injuries the child allegedly sustained as the result of an elevated blood lead level diagnosed after she had resided for one year in a temporary housing shelter. It is undisputed that the City neither owned nor operated the shelter. After issue was joined and discovery completed, the City moved, inter alia, for summary judgment dismissing the complaint. The City contended that because the placement of families in temporary shelters…