New York Court of Appeals
Yaniveth R., an Infant, by Her Mother and Natural Guardian, Ramona S., Appellants v. LTD Realty Co.…
April 5, 201627 N.Y.3d 186
Summary
The Court affirmed summary judgment, holding that under Local Law 1 a child must "reside" in a dwelling in the ordinary sense of a permanent or intended residence, which the infant did not do in her grandmother's apartment; therefore no statutory duty existed. Justice Fahey dissented, arguing that the term should be read broadly to cover children who spend substantial time in a unit.