Opinion
December 3, 1999
Order, Supreme Court, Bronx County (Lottie Wilkins, J.), entered September 17, 1998, which granted plaintiffs' motion for partial summary judgment on the issue of liability, unanimously affirmed, with costs.
William D. Fireman for plaintiffs-respondents.
Andrew Sapon for defendants-appellants.
ELLERIN, P.J., ROSENBERGER, TOM, ANDRIAS, BUCKLEY, JJ.
Partial summary judgment on the issue of liability was properly granted. Defendants had notice that a child under seven resided in the subject apartment and thus were chargeable with notice of any hazardous lead condition therein (see, Juarez v. Wavecrest Management Team Ltd., 88 N.Y.2d 628). Defendants' cursory inspections of the apartment, which did not include any tests for the presence of lead, and their belated and inadequate attempts to abate the lead-based paint condition did not meet the standard of reasonableness. The lead-based paint condition was established as the proximate cause of the injuries suffered by the infant plaintiff, who resided in the apartment since birth.
We have considered and rejected defendants' remaining contentions.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.