Opinion
Argued November 4, 1999
December 13, 1999
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 11, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.
Sanders, Sanders, Block Woycik, P.C., Mineola, N.Y. (Howard Eison and Phyllis Randazzo of counsel), for appellants.
Boeggeman, George, Hodges Corde, P.C., White Plains, N Y (Cynthia Dolan of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiffs' contention, notice of peeling paint is not notice of a hazardous lead condition (see, Andrade v. Wong, 251 A.D.2d 609 ; Busto v. Tamucci, 251 A.D.2d 441 ). Therefore, the Supreme Court properly determined that the defendant was entitled to summary judgment (see, Brown v. Marathon Realty, 170 A.D.2d 426 ).
The plaintiffs' remaining contentions are without merit.
BRACKEN, J.P., THOMPSON, FRIEDMANN, and SMITH, JJ., concur.