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Partner Tim Tuttle obtained summary judgment dismissing the plaintiffs' Complaint against the firm's client, which contracted with the City of New York to provide temporary living accommodations and assist clientele in locating permanent housing.
It was alleged that the infant-plaintiff had been exposed to lead paint particles while residing in third-party housing which the firm's client assisted in locating per their contract with the City. Tuttle argued that the Firm's client could not be held responsible for any alleged lead paint condition at the property, as they did not own or maintain it, were not required to inspect for lead paint under the contract with the City, and none of the third-party contractor exceptions established by the Court of Appeals in Espinal applied.
The Court agreed with these arguments and granted the motion for summary judgment, dismissing the Complaint as against the Firm's client.
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Phone: 315-422-1333
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