Legal Opinion

Yaniveth R. Ex Rel. Ramona S. v. LTD Realty Co.

New York Court of Appeals

Decided April 5, 2016No. 35PublishedCited by 51 opinions

1Opinion of the Court

*190OPINION OF THE COURT

Pigott, J.

New York City adopted lead abatement legislation in 1982 that imposes a duty on landlords to remove lead-based paint in any dwelling unit in which a child six years of age and under resides (see Administrative Code of City of NY former §27-2013 [h] [1], as added by Local Law No. 1 [1982] of City of NY). The issue in this case is whether a child “reside [s]” in an apartment containing lead-based paint, thereby triggering a landlord’s duty under Local Law 1, when the child does not live in the apartment but spends approximately 50 hours per week there with a…

2Cases cited10 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
  3. Chapman v. SilberNew York Court of Appeals · 2001
  4. Dean v. Tower InsuranceNew York Court of Appeals · 2012
  5. Knight-Ridder Broadcasting, Inc. v. GreenbergNew York Court of Appeals · 1987

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3Cited by51 opinions

  1. The People v. Alexis OcasioNew York Court of Appeals · 2016
  2. Matter of Soriano v. EliaAppellate Division of the Supreme Court of the State of New York · 2017
  3. LEVEL 3 COMMUNICATIONS, LLC v. CHAUTAUQUA COUNTYAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Level 3 Communications, LLC v. Clinton CountyAppellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of Natasha W. v. New York State Off. of Children & Family Servs.New York Court of Appeals · 2018

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