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Abrajan v. Kabasso

Negligence claim alleging special duty breach is denied dismissal in lead poisoning action.

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In this action to recover damages for personal injuries allegedly sustained by the infant plaintiff, Carolina Abrajan, due to her exposure to lead-based paint, defendant City of New York moves for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

The infant plaintiff was born on November 16, 1990. On April 24, 1991, the infant plaintiff and her family moved into the second floor apartment of a three-story apartment building, located at 1908 Coney Island Avenue, in Brooklyn, New York, which was built in 1931. The building was owned and managed by defendants Shaul Kabasso, Sharon Kabasso, and David Kabasso. On June 30, 1992, the infant plaintiff was diagnosed with an elevated blood lead level of 38 micrograms per deciliter.

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