- Associated Press - Wednesday, April 6, 2016

ALBANY, N.Y. (AP) - The state’s top court says the law that required landlords in New York City to remove lead-based paint from apartments where children six years old or younger reside doesn’t apply to units where they spend 50 hours a week with a caregiver.

The Court of Appeals ruling comes in the case of Yaniveth R., whose grandmother babysat her from 1997-2002 weekdays while her parents worked.

In 1998, the girl was found with an elevated lead level in her blood. City authorities identified lead paint at her grandmother’s apartment, ordering the landlord to remove it.

Her mother sued in 2006, alleging negligence by LTD Realty Co. and others, who said they had no duty to remove paint from an apartment where the child didn’t actually “reside” as the law specified.


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