Boler v. Malik

267 A.D.2d 998, 700 N.Y.S.2d 323, 1999 N.Y. App. Div. LEXIS 13740

Opinion

that actual or constructive notice of the dangerous lead condition may be imputed to defendants because defendants were aware of chipping and peeling paint; defendants are both real estate brokers and landlords of other properties; defendant Paramjeet K. Malik is a registered nurse; and, before purchasing the subject property, she received mortgage documents for another property that referred to Federal lead based paint regulations (see, Smith v Saget, 258 AD2d 641, 641-642; Leeper v Brady & Burgess Mgt. Corp., 254 AD2d 695; Andrade v Wong, 251 AD2d 609, 609-610; Lanthier v Feroleto, 237 AD2d 877, 877-878). (Appeal from Order of Supreme Court, Erie County, Sedita, Jr., J. — Summary Judgment.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Scudder, JJ.