RANDOLPH v. Dewhol Realty, Inc., third-party defendant-respondent. (1999)

In a third-party action for contribution and indemnification, the defendant second third-party plaintiff appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated December 8, 1997, which, inter alia, granted the cross motion of the second third-party defendant Dewhol Realty, Inc., for summary judgment dismissing the second third-party complaint.

ORDERED that the order is affirmed, with costs.

Administrative Code of the City of New York § 27-2013(h) creates a rebuttable presumption that in any apartment in a multiple dwelling erected in the City of New York before 1960, in which a child who is six years of age or under resides, any peeling paint or similar surface-coating material comprises a hazardous lead condition (see, Juarez v. Wavecrest Mgt. Team, 88 N.Y.2d 628, 647, 649 N.Y.S.2d 115, 672 N.E.2d 135).   In the case at bar, there was no proof that a child age six or under resided at the subject apartment.

The appellant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.