ALBANY – Although a child spent about 50 hours a week in her grandmother’s Bronx apartment during the first year of her life, she did not “reside” in the unit for purposes of New York City’s lead paint abatement law, the state Court of Appeals decided.
The court dismissed a negligence action filed on the girl’s behalf, finding that the building’s owner did not owe her a duty to abate hazardous lead conditions under Local Law 1 of 2004 of the city’s Administrative Code, or that its failure to do so caused injury.
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