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KHADIJA BELLONY, ETC., ET AL., respondents, v. DOUGLAS R. SIEGEL, ET AL., appellants.

ORDERED that the order is affirmed, with one bill of costs payable by the defendants appearing separately and filing separate briefs.

The plaintiffs allege that the infant plaintiff, Khadija Bellony, suffered lead poisoning as a result of exposure to lead paint in a two-family house leased from the defendants Douglas R. Siegel and Nan Min, and subsequently owned pursuant to foreclosure by the defendant Citibank N.A. To establish that a landlord is liable for a lead-paint condition, the plaintiffs must demonstrate that the landlord had actual or constructive notice of, and a reasonable opportunity to remedy, the hazardous condition (see, Chapman v. Silber, 97 N.Y.2d 9 [Nov. 15, 2001]; Juarez v. Wavecrest Mgt. Team, 88 N.Y.2d 628, 646; Ouachtouki v. Neerg Second Corp., 259 A.D.2d 604, 605). After the defendants made out a prima facie case for summary judgment, the affidavit of the plaintiffs' medical expert was sufficient to raise a triable issue of fact regarding whether the infant plaintiff suffered additional damages subsequent to the defendants receiving notice of the condition. Thus, the Supreme Court correctly denied the defendants' motions for summary judgment (see, Perez v. Ward, 271 A.D.2d 590, 591).

KRAUSMAN, J.P., S. MILLER, SMITH and CRANE, JJ., concur.

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BELLONY v. SIEGEL
(Nov 26, 2001)