Byrd v. 2015 Caton Avenue, LLC

The infant plaintiff allegedly sustained injuries from exposure to lead paint in an apartment owned by the defendant 2015 Caton Ave., LLC. The Supreme Court denied the defendants’ motion for summary judgment dismissing the complaint on the ground that triable issues of fact existed as to whether the defendants had actual or constructive notice of a lead-based paint condition in the subject apartment. We reverse.

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they did not *934have notice that the infant plaintiff, who was under two…