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Yesterday, in the case of Yaniveth R. v. LTD Realty Company, 35, New York States highest Court ruled in a 6-1 decision, that even though a one year old child spent about 50 hours a week in her grandmother's Bronx apartment, she could not recover against the landlord for the damaging effects suffered due to lead poisoning, because did not "reside" in the apartment, for purposes of New York City's lead paint abatement law.

http://www.newyorklawjournal.com/id=1202754286123/Judges-Find-No-Duty-to-Abate-Lead-in-Grandmothers-Unit#ixzz455EHDEIv

Justice Eugene Fahey was the sole dissenting Justice. He reasoned in his written opinion, that the intent of the law when enacted was designed to protect young children who could be exposed to lead in more than one location. Justice Fahey reasoned that the use the word "reside" in [New York City Administrative Code §27-2013(h)(1).], was specifically chosen to achieve this purpose

The decision is an unfortunate one, because it limits the rights and protections of young children, who are society's most vulnerable. It will relieve landlords of their obligations based upon a definitional technicality.

The Trial Attorneys at Keogh Crispi have recovered substantial financial damages representing children who have suffered personal injuries from lead poisoning due lead paint exposure.

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