Maria N. Pelaez, as Mother and Natural Guardian of Servando R. Pelaez and Another, Infants, Appellant v. Laura…

Summary

The New York Court of Appeals affirmed the dismissal of negligence actions against Putnam County and New York City, holding that the municipalities did not owe a special relationship duty to the child plaintiffs despite providing lead‑poisoning inspection and counseling services. The court explained that the Lead Poisoning Prevention Act does not create a private right of action, the municipalities did not voluntarily assume a duty, and they did not exercise positive direction and control over the hazardous conditions.