Opinion
February 22, 1999
Appeal from the order of the Supreme Court, Kings County (Rappaport, J.).
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). 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.
O'BRIEN, J. P., RITTER, THOMPSON and GOLDSTEIN, JJ., concur.