Opinion
No. 2007-09211.
December 30, 2008.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated August 27, 2007, which denied their motion for summary judgment dismissing the complaint.
Cozen O'Connor, New York, N.Y. (Eric J. Berger of counsel), for appellants.
Levy Phillips Konigsberg, LLP, New York, N.Y. (Philip Monier III of counsel), for respondents.
Before: Mastro, J.P., Miller, Carni and Chambers, JJ., concur.
Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment is granted.
The infant plaintiff allegedly sustained injuries from exposure to lead paint in an apartment owned by the defendant 2015 Caton Ave., LLC. The Supreme Court denied the defendants' motion for summary judgment dismissing the complaint on the ground that triable issues of fact existed as to whether the defendants had actual or constructive notice of a lead-based paint condition in the subject apartment. We reverse.
The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they did not have notice that the infant plaintiff, who was under two years old at the relevant time, resided at the subject apartment before he sustained any injuries ( see Chapman v Silber, 97 NY2d 9, 15; Juarez v Wavecrest Mgt. Team, 88 NY2d 628, 646; Duarte v Community Realty Corp., 42 AD3d 480, 481). In opposition to the defendants' prima facie showing, the plaintiff's failed to raise a triable issue of fact as to whether the defendants had such notice ( see Duarte v Community Realty Corp., 42 AD3d at 481; Worthy v New York City Hous. Auth., 18 AD3d 352). Accordingly, the Supreme Court should have granted the defendants' motion for summary judgment.
The plaintiffs' remaining contentions are without merit.