Samantha G. v Concilio de Iglesias de Pentecostales Vision Para Hoy, Inc.

Samantha G. v Concilio de Iglesias de Pentecostales Vision Para Hoy, Inc. 2014 NY Slip Op 04146 Decided on June 10, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 10, 2014
Tom, J.P., Friedman, Renwick, Gische, Clark, JJ.
12729 350631/08

[*1] Samantha G., an Infant by Her Grandmother and Legal Guardian, Ana R., Plaintiff-Appellant,

v

Concilio de Iglesias de Pentecostales Vision Para Hoy, Inc., Defendant, 1460 Grand Concourse Co., LLC, Defendant-Respondent.

The Fitzgerald Law Firm, PC, Yonkers (Mitchell L. Gittin of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith, LLP, New York (Nicholas Hurzeler of counsel), for respondent.

Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered November 5, 2012, which granted defendant 1460 Grand Concourse Co. LLC.'s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The motion court correctly concluded the plaintiff failed to demonstrate the existence of an issue of fact concerning whether: (1) defendant Concourse had notice of her residency in the apartment prior to June 2005; (2) defendant Concourse had notice of any hazardous lead condition which it failed to abate prior to the notice from the Department of Health in or about April 2005; and (3) plaintiff's exposure to lead in defendant Concourse's

apartment, if any, proximately caused her injuries (see e.g. Michaud v Lefferts 750, LLC, 87 [*2]AD3d 990, 991-993 [2d Dept 2011]).

We have considered plaintiff's remaining argument and find it unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 10, 2014

CLERK