GUZMAN v. [And Another Action] (2000)

Order, Supreme Court, New York County (Franklin Weissberg, J.), entered on or about October 19, 1999, which, to the extent appealed from as limited by the brief, denied defendant-appellants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

 Summary judgment in this action to recover for injuries allegedly attributable to the infant plaintiff's ingestion of lead paint on defendant-appellants' premises was properly denied.   The record indicates that while defendant prior owners were still in possession and control of 560 West 165 th Street, a building constructed before 1960, they had notice that the infant plaintiff, then a child under seven years of age, resided in a room in the building and, thus, were chargeable with notice of any hazardous lead condition in that room (see, Juarez v. Wavecrest Mgt. Team Ltd., 88 N.Y.2d 628, 648, 649 N.Y.S.2d 115, 672 N.E.2d 135, citing Administrative Code of City of NY, § 27-2013[h] ).   Defendants submitted no evidence that they acted reasonably and in accordance with 28 RCNY § 11-04 to abate whatever lead condition existed in the room.   In fact, the evidence of record indicates that they merely repainted the room.   We have considered defendants' remaining contentions and find them unavailing.

MEMORANDUM DECISION.