Opinion
3559.
Decided May 6, 2004.
Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered on or about November 15, 2002, which denied plaintiffs' motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.
The Pagan Law Firm PC, New York (Tania M. Pagan of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (John Hogrogian of counsel), for respondent.
Before: Nardelli, J.P., Saxe, Williams, Friedman, JJ.
Issues of fact exist with respect to defendant's liability for the infant plaintiff's alleged exposure to high levels of lead, including whether defendant's attempted lead abatements were reasonable and whether defendant had notice of the infant plaintiff's residency in the apartment ( see Juarez v. Wavecrest Mgt. Team, 88 N.Y.2d 628).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.