ADRIAN T., AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN, FILIBERTA T., ETC. plf-res, v. MILLSHAN REALTY CO., LLC def-ap

2751. ADRIAN T., AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN, FILIBERTA T., ETC. plf-res, v. MILLSHAN REALTY CO., LLC def-ap — Molod Spitz & DeSantis, P.C., New York (Marcy Sonneborn of counsel), for ap — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for res — Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered April 19, 2016, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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2751. ADRIAN T., AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN, FILIBERTA T., ETC. plf-res, v. MILLSHAN REALTY CO., LLC def-ap — Molod Spitz & DeSantis, P.C., New York (Marcy Sonneborn of counsel), for ap — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for res — Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered April 19, 2016, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendants established prima facie that exposure to lead did not cause the infant plaintiff’s (Adrian) cognitive deficits (see Veloz v. Refika Realty Co., 38 AD3d 299 [1st Dept 2007], lv denied 9 NY3d 817 [2008]). The record shows that Adrian, who was born in April 1998, had minimal blood lead levels of two to four micrograms per deciliter (ug/dl) between March 1999 and March 2000. He had a single elevated blood lead level of 13 ug/dl in February 2002. Defendants relocated Adrian’s family, and, by May 31, 2002, had abated the lead condition. On that date, Adrian’s blood lead level was back down to four ug/dl; it was measured at three ug/dl in September 2002 and again in November 2005. The record also shows that Adrian had undisputed speech and language deficits from infancy, well before his first known exposure to lead paint. Adrian continued to receive speech and language therapy and individualized education programs into high school, where he achieved a generally strong academic record, including two years of honors classes. Defendants submitted an expert pediatric neurologist’s report, supported by specifically referenced scientific studies, showing that no peerreviewed study had found a decrement from lead in children with preexisting cognitive deficits, i.e., children with “asymptomatic lead exposure.”

ADRIAN T., AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN, FILIBERTA T., ETC. plf-res, v. MILLSHAN REALTY CO., LLC def-ap

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