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ELLAS RANDOLPH, an Infant, by His Mother and Natural Guardian, LESLIE RANDOLPH, et al., Plaintiffs, v. EDWARD ST. HILL, Defendant and Third-Party Plaintiff-Appellant. 834-48 NOSTRAND AND EASTERN CORPORATION, Third-Party Defendant; DEWHOL REALTY, INC., Third-Party Defendant-Respondent.

Ordered that the order is affirmed, with costs.

Administrative Code of the City of New York § 27-2013 (h) creates a rebuttable presumption that in any apartment in a multiple dwelling erected in the City of New York before 1960, in which a child who is six years of age or under resides, any peeling paint or similar surface-coating material comprises a hazardous lead condition ( see, Juarez v. Wavecrest Mgt. Team, 88 N.Y.2d 628, 647). In the case at bar, there was no proof that a child age six or under resided at the subject apartment.

The appellant's remaining contentions are without merit.

O'BRIEN, J. P., RITTER, THOMPSON and GOLDSTEIN, JJ., concur.

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RANDOLPH v. ST. HILL
(Feb 22, 1999)