Yaniveth R. v. LTD Realty Co.

In 1982, New York City adopted lead abatement legislation that imposes a duty on landlords to remove lead-based pain in any dwelling in which a child aged six years old or younger “resides.” Plaintiff commenced this action individually and on behalf of her daughter, alleging that because her daughter “spent a significant amount of time” in her grandmother’s apartment, Defendants owed her a duty to abate the apartment of hazardous lead conditions and that their failure to do so caused her daughter’s injuries. Supreme Court dismissed the complaint. The Appellate Division affirmed, concluding that Plaintiffs failed to raise an issue of fact as to the child’s residence. The Court of Appeals affirmed, holding that the child did not “reside” in her grandmother’s apartment because the child did not live in the apartment but spent approximately fifty hours per week there with a caregiver. View "Yaniveth R. v. LTD Realty Co." on Justia Law