Franklin v. Krumanocker

Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered October 29, 1984 in Rensselaer County, which granted plaintiffs’ motion to dismiss defendant’s counterclaim.

The infant plaintiff and his mother resided for several years in an apartment which she leased in the City of Troy. Defendant was the landlord. The complaint alleges physical injury to the infant resulting from his ingestion of lead-based paint which the landlord had applied to various locations in the apartment. It is claimed that the infant’s injuries occurred as a result of defendant’s negligent…