In “Romeo and Juliet” (Act II, Scene II), Shakespeare poses one of the most famous questions in literary history: “What’s in a name?” In the legal profession, attorneys, and judges alike, as trained wordsmiths, are frequently called upon to answer the question: What’s in a word? Often, the meaning of a single word, or omission thereof, when interpreting a statute, code, contract or stipulation can ultimately determine which party to a suit is successful.
A recent example of this is the case of Yaniveth R. v. LTD Realty Co., 27 NY3d 186 [Ct of App (Pigott, J)] wherein the Court of Appeals had to decide whether a child who spends at least 50 hours per week with a caregiver, in an apartment containing lead-based paint, but does not live there full-time, “resides” in the apartment to “trigger” a duty on the owner/landlord to protect the child from lead poisoning and be held liable for damages if such poisoning occurs.
Statutory Background
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