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ROBERTS v. PIUS
Appellate Division of the Supreme Court of New York, Second Department.
Dec 13, 1999
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DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiffs' contention, notice of peeling paint is not notice of a hazardous lead condition (see, Andrade v. Wong, 251 A.D.2d 609 ; Busto v. Tamucci, 251 A.D.2d 441 ). Therefore, the Supreme Court properly determined that the defendant was entitled to summary judgment (see, Brown v. Marathon Realty, 170 A.D.2d 426 ).
The plaintiffs' remaining contentions are without merit.
BRACKEN, J.P., THOMPSON, FRIEDMANN, and SMITH, JJ., concur.
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