RANDOLPH v. ST. HILL

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.