Summary Judgment Granted for Senior Counsel David Metzger

Senior Counsel David Metzger obtained summary judgment on behalf of a property owner in a case involving alleged cognitive damages due to lead exposure. The suit was originally commenced against the owner of the apartment where the plaintiff lived as a toddler. That defendant in turn commenced a third-party action against our client, the owner of the previous apartment where the plaintiff lived through age 16 months. Both apartments were ultimately discovered to have had chipping lead based paint. Relying primarily on the findings, formulas and opinions contained within the examination reports and expert exchanges that the defendant/third-party plaintiff used in its unsuccessful motion for summary judgment in the main action, David established that the child’s blood lead levels during the tenancy in our client’s building were not within the legal or factual threshold of toxicity or, in turn, a proximate cause of any of the child’s alleged deficits.  As such, the New York County judge dismissed the third-party action.

       
 

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