Irizarry v. Diep Chu

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendants’ motion for sum*948mary judgment dismissing the complaint. Plaintiff commenced this action individually and on behalf of her infant son, alleging that her son had been exposed to lead paint while residing in property owned by defendants. Although defendants alleged in support of their motion that they had no actual or constructive notice of the hazardous condition, they admit that they received notice of the condition from the Monroe County Department of Health in September 1994. Further, defendants…