Lagoa v Joremi Enters. Inc.

Lagoa v Joremi Enters. Inc. 2007 NY Slip Op 09879 [46 AD3d 317] December 13, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Steven Lagoa, an Infant, by His Mother and Natural Guardian, Evette Maldondo, et al., Appellants,
v
Joremi Enterprises Inc., Respondent.

—[*1] Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), for appellants.

Burns Russo Tamigi & Reardon, LLP, Garden City (Arnold Stream of counsel), for respondent.

Order, Supreme Court, Bronx County (Sallie Manzanet-Daniels, J.), entered February 28, 2007, which, upon granting defendant's motion for reargument, denied plaintiffs' earlier motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

In order to establish causation, plaintiffs must directly link the child's condition to lead in the apartment (Munoz v Puretz, 301 AD2d 382, 384 [2003]). Plaintiffs' expert opined that lead poisoning was the substantive cause of that condition. While defendant's expert did not dispute the exposure to lead, he opined that the amount of exposure in the apartment and the levels of lead in the child's blood were not enough to cause the medical condition. This sufficiently raised a triable issue of fact on liability. Concur—Tom, J.P., Andrias, Gonzalez and Sweeny, JJ.