Yaniveth R. Ex Rel. Ramona S. v. LTD Realty Co.

51 N.E.3d 521, 27 N.Y.3d 186
CourtNew York Court of Appeals
DecidedApril 5, 2016
Docket35
StatusPublished
Cited by55 cases

This text of 51 N.E.3d 521 (Yaniveth R. Ex Rel. Ramona S. v. LTD Realty Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yaniveth R. Ex Rel. Ramona S. v. LTD Realty Co., 51 N.E.3d 521, 27 N.Y.3d 186 (N.Y. 2016).

Opinions

[190]*190OPINION OF THE COURT

Pigott, J.

New York City adopted lead abatement legislation in 1982 that imposes a duty on landlords to remove lead-based paint in any dwelling unit in which a child six years of age and under resides (see Administrative Code of City of NY former §27-2013 [h] [1], as added by Local Law No. 1 [1982] of City of NY). The issue in this case is whether a child “reside [s]” in an apartment containing lead-based paint, thereby triggering a landlord’s duty under Local Law 1, when the child does not live in the apartment but spends approximately 50 hours per week there with a caregiver.

I.

Plaintiff Yaniveth R. was born in January 1997. She lived with her father and mother, plaintiff Ramona S., in an apartment in the Bronx from early 1997 until 2002. Yaniveth’s paternal grandmother lived nearby on the first floor of an apartment building owned by defendants LTD Realty Co. and LTD Realty Co., LLC. When Yaniveth was three months old, her grandmother began watching her five days a week at her apartment, from approximately 9:30 a.m. until 6:30 or 7:00 p.m., while Yaniveth’s parents were at work. Yaniveth returned to her parents’ apartment each evening, where she lived with her mother, father and older sister. According to both Ramona and Yaniveth’s grandmother, Yaniveth did not live with the grandmother — she lived only at her parents’ apartment.

In January 1998, Yaniveth was found to have an elevated blood lead level. The New York City Department of Health identified hazardous lead-paint conditions at the grandmother’s apartment and issued defendants an order to abate.

In 2006, Ramona commenced this negligence action individually and on Yaniveth’s behalf against defendants and related individuals. Plaintiffs alleged that, because Yaniveth “spent a significant amount of time” in her grandmother’s apartment, defendants owed her a duty to abate the apartment of hazardous lead-paint conditions pursuant to former section 27-2013 (h) (1) of the Administrative Code, and that their failure to do so caused plaintiffs’ injuries. Former section 27-2013 (h) provides:

“The owner of a multiple dwelling shall remove or cover in a manner approved by the department any [191]*191paint or other similar surface!-]coating material having a reading of 0.7 milligrams of lead per square centimeter or greater or containing more than 0.5 percent of metallic lead based on the nonvolatile content of the paint or other similar surface-coating material on the interior walls, ceilings, doors, window sills or moldings in any dwelling unit in which a child or children six (6) years of age and under reside” (Administrative Code former § 27-2013 [h] [l]).1

Defendants moved for summary judgment, arguing that, under Local Law 1, they owed no duty to remove lead-based paint from the grandmother’s apartment because Yaniveth did not “reside” there. In the absence of a duty, defendants claimed, there can be no negligence.

Supreme Court granted defendants’ motion and dismissed the complaint. The Appellate Division unanimously affirmed, holding that defendants established prima facie that while the infant plaintiff was cared for at the apartment, during the day, she resided elsewhere, with her parents, and that “plaintiffs failed to raise an issue of fact as to the infant’s residence” (120 AD3d 1142, 1142 [1st Dept 2014]). We granted plaintiffs leave to appeal (24 NY3d 912 [2014]) and now affirm.

II

“[A] landlord may be held liable for injury caused by a defective or dangerous condition upon the leased premises if the landlord is under a statutory or contractual duty to maintain the premises in repair” (Juarez v Wavecrest Mgt. Team, 88 NY2d 628, 642-643 [1996]). Local Law 1 imposes such a duty, requiring landlords to “remove or cover” lead-based paint “in any dwelling unit in which a child or children six (6) years of age and under reside” (Administrative Code former § 27-2013 [h] [1] [emphasis added]).

This appeal turns on the meaning of the word “reside.” Plaintiffs contend that we should interpret the term as broadly [192]*192as possible, to include places in which a child is physically present or spends a substantial amount of time. By that definition, plaintiffs claim Yaniveth “reside [d]” in her grandmother’s apartment and therefore Local Law 1 required defendants to abate the premises of lead-based paint. If, however, the word “reside” requires something more than mere physical presence in a place (as the courts below determined), then Yaniveth did not “reside” in her grandmother’s apartment, defendants did not owe a duty under the statute and plaintiffs’ negligence claim must fail (see Juarez, 88 NY2d at 647; Rivera v Nelson Realty, LLC, 7 NY3d 530, 534-535 [2006] [dismissing plaintiff’s complaint where neither the common law nor any statute imposed a duty on landlords to cover radiators in apartments in which young children live]).

Local Law 1 does not define the word “reside.” In the absence of a statutory definition, “we construe words of ordinary import with their usual and commonly understood meaning, and in that connection have regarded dictionary definitions as useful guideposts in determining the meaning of a word or phrase” (Rosner v Metropolitan Prop. & Liab. Ins. Co., 96 NY2d 475, 479-480 [2001] [internal quotation marks omitted]; see also Matter of Orens v Novello, 99 NY2d 180, 185-186 [2002] [relying on Merriam-Webster’s and Black’s Law Dictionary to ascertain the meaning of the term “lay member” in Public Health Law § 230 (6)]).

Dictionaries from the relevant time period define “reside” as “to dwell permanently or continuously: occupy a place as one’s legal domicile” (Merriam-Webster’s New Collegiate Dictionary 1003 [9th ed 1986]) and “[to] have a settled abode for a time: have one’s residence or domicile” (Webster’s Third New International Dictionary, Unabridged 1931 [Merriam-Webster 1981]). According to Webster’s Third, “reside” is the “preferred term for expressing the idea that a person keeps or returns to a particular dwelling place as his fixed, settled, or legal abode” (id.).2 Black’s Law Dictionary notes that “residence” “is made up of fact and intention, the fact of abode and the intention of remaining, and is a combination of acts and intention. Residence implies something more than mere physical pres[193]*193ence and something less than domicile” (Black’s Law Dictionary 1176 [5th ed 1979] [citation omitted]).

This understanding of the term “reside” is consistent with the rule we set out in Matter of Newcomb (192 NY 238 [1908]). Although plaintiffs cite Newcomb for the proposition that “[residence simply requires bodily presence as an inhabitant in a given place, while domicile requires bodily presence in that place and also an intention to make it one’s domicile” (id. at 250), our opinion made clear that “Residence means living in a particular locality,” even if a person does not intend to make that place a “fixed and permanent home,” i.e., a domicile {id. [emphasis added]). As we stated more recently, a person’s “residence” entails “something more than temporary or physical presence,” with some “degree of permanence and [an] intention to remain” (Dean v Tower Ins. Co. of N.Y., 19 NY3d 704, 708 [2012]).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Clemente
Appellate Division of the Supreme Court of New York, 2026
People v. National Rifle Assn. of Am., Inc.
Appellate Division of the Supreme Court of New York, 2026
Emery v. Village of Clinton
2025 NY Slip Op 25049 (New York Supreme Court, Oneida County, 2025)
People v. Guerrero
2025 NY Slip Op 00766 (Appellate Division of the Supreme Court of New York, 2025)
LKF v. MTF
2024 NY Slip Op 24312 (New York Supreme Court, Nassau County, 2024)
McGrath v. Suffolk County
2024 NY Slip Op 05973 (Appellate Division of the Supreme Court of New York, 2024)
IntegrateNYC, Inc. v. State of New York
2024 NY Slip Op 02369 (Appellate Division of the Supreme Court of New York, 2024)
E.S. v. Windsor Owners Corp.
2024 NY Slip Op 00267 (Appellate Division of the Supreme Court of New York, 2024)
The People v. Michael Bay
New York Court of Appeals, 2023
Matter of Chain Trust
198 N.Y.S.3d 135 (Appellate Division of the Supreme Court of New York, 2023)
Matter of McKissen v. DeLeon
2023 NY Slip Op 01434 (Appellate Division of the Supreme Court of New York, 2023)
Chambers v. Town of Shelby
182 N.Y.S.3d 399 (Appellate Division of the Supreme Court of New York, 2022)
Finch v. Erie Ins. Co.
180 N.Y.S.3d 314 (Appellate Division of the Supreme Court of New York, 2022)
Matter of People of the State of N.Y. v. Quality King Distribs., Inc.
2022 NY Slip Op 05010 (Appellate Division of the Supreme Court of New York, 2022)
The People v. Marc Mitchell
New York Court of Appeals, 2022
Fisch v. Davidson
165 N.Y.S.3d 85 (Appellate Division of the Supreme Court of New York, 2022)
Hunters for Deer v. Town of Smithtown
New York Court of Appeals, 2022

Cite This Page — Counsel Stack

Bluebook (online)
51 N.E.3d 521, 27 N.Y.3d 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yaniveth-r-ex-rel-ramona-s-v-ltd-realty-co-ny-2016.