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HOME IS WHERE THE HAZARD IS

paintbush_photo_nyreblog_com_.JPGLydia Davies sued her co-op--1075 Concourse Tenants Corp.--claiming her son suffered harm from exposure to lead-based paint.

Even though a jury found the co-op liable, the Bronx County Supreme Court granted the building's request to vacate the verdict.

Because the duty to abate lead paint is placed upon the "owner of a multiple dwelling"--which meant the co-op itself--the Appellate Division, First Department, reversed.

The AD1 also didn't buy the argument that the Lydia's proprietary lease somehow shifted any responsibility to her.

They painted a pretty bleak picture there.

paint_gif_nyreblog_com_.GIFTo view a copy of the Appellate Division's decision, please use this link: Essilfie-Obeng v. Ahyia

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