Yaniveth R., an Infant, by Her Mother and Natural Guardian, Ramona S., Appellants v. LTD Realty Co.…

Summary

The New York Court of Appeals affirmed summary judgment for the landlords, holding that the term “reside” in Local Law 1 requires a degree of permanence and intent to retain a place as a residence, which the infant plaintiff did not have in her grandmother’s apartment; therefore the landlords owed no statutory duty to abate lead‑based paint. The dissent argued for a broader reading of “reside” to protect children in shared‑care arrangements.