SHAFQAT v. BLACKMAN

Ordered that the order is affirmed, with costs.

The plaintiffs commenced this action alleging that the infant plaintiffs suffered lead poisoning as a result of exposure to lead paint while residing in the second floor rear apartment of the defendants' two-family house.

To impose liability upon a landlord for a lead-based paint condition, a plaintiff must establish that the landlord had actual or constructive notice of, and a reasonable opportunity to remedy, the hazardous condition ( see Chapman v. Silber, 97 NY2d 9; Chadwick v. Sabin, 304 AD2d 603; Batista v. Mohabir, 291 AD2d 365).

Contrary to the plaintiffs' contention, the defendants established their entitlement to judgment as a matter of law by demonstrating that they did not have actual or constructive notice of the lead-based paint condition. In opposition, the plaintiffs failed to raise a triable issue of fact. Therefore, the defendants were entitled to summary judgment dismissing the complaint ( see Chadwick v. Sabin, supra; Batista v. Mohabir, supra).

The plaintiffs' remaining contentions are unpreserved for appellate review.