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Roberts v. Pius

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 292 (N.Y. App. Div. 1999)

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.


Summaries of

Roberts v. Pius

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 292 (N.Y. App. Div. 1999)
Case details for

Roberts v. Pius

Case Details

Full title:DESMOND ROBERTS, etc., et al., appellants, v. DONALD A. PIUS, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 13, 1999

Citations

267 A.D.2d 292 (N.Y. App. Div. 1999)
699 N.Y.S.2d 880

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