$600,000 ELMIR MARKOVIC AND EMRU MARKOVIC, INFANTS
224TH STREET APARTMENTS LIMITED LIABILITY COMPANY & FRIEDMAN MANAGEMENT CORP.
Court: Supreme Court, Bronx County
Judge: Larry S. Schachner
Index #: 350366/11
Date: May 3, 2016
Pat James Crispi, Keogh Crispi P.C., New York, NY
Facts & Allegations
Infant Plaintiff ELIMIR MARKOVIC was born on December 27, 2009.
Infant Plaintiff EMRU MARKOVIC was born on September 29, 2008.
The infant Plaintiffs, became exposed to; and poisoned by the lead-contaminated dust while walking, playing, and crawling on and among the floors and walls within the Basement Apartment, 3950 Bronx Boulevard, Bronx, NY 10466, where the lead contaminated dust accumulated.
The lead contaminated dust entered the bodies of the infant Plaintiffs, ELIMIR MARKOVIC and EMRU MARKOVIC, through hand-to-mouth activity. The hand-to-mouth activity included; putting hands into the mouth after playing and crawling on the floor where the lead contaminated dust accumulated; putting hands in the mouth after having hand contact with walls where the lead contaminated dust accumulated; putting toys and pacifiers that had fallen on the floor into the mouth.
In addition, the lead-contaminated dust entered the bodies of the infant Plaintiffs, through inhalation of the lead-contaminated dust that was dislodged from deteriorating paint on the surfaces including, but not limited to, points of contact such as the door frames located within the apartment.
The severities of the inhalation; and the severity of the ingestion, were exacerbated by the fact that lead makes things taste sweet, so that the Plaintiffs were by nature attracted to lead paint chips and especially to lead dust.
The primary physician at the Pediatrics unit of Metropolitan Hospital Center, New York, NY recorded the following blood lead levels:
|Jan 11, 201l1 Bloodlead level 7
||Jan 11, 201l1 Bloodlead level 4
|March 30, 201l1 Bloodlead level 21
||Apr 4, 201l1 Bloodlead level 11
|May 27, 201l1 Bloodlead level 10
||May 27, 201l1 Bloodlead level 8
|Aug 26, 201l1 Bloodlead level 8
||Aug 26, 2011 Blood lead level 21
On March 30, 2011, ALC Environmental (an independent entity) reported to the Defendants that Seventeen (17) dust wipe samples were collected from the Plaintiffs’ apartment and analyzed. Nine (9) samples failed to achieve the referenced clearance standards for lead in dust. Samples indicating violations were obtained from: two separate bedrooms; the living room; the kitchen; the bathroom; and the hallway.
On April 6, 2011, The NYC Dept. of Health reported to the Defendants that thirteen (13) dust wipe samples were collected from the Plaintiffs’ apartment and analyzed. Five ( 5) samples tested positive for violations of the standards for lead in dust.
On April 25, 2011, ALC Environmental (an independent entity), reported to the Defendants that ten (10) dust wipe samples that were collected from the Plaintiffs’ apartment and analyzed. Two (2) samples failed to achieve the referenced clearance standards for lead in dust.
On August 31, 2011, The NYC Dept. of Health reported to the Defendants that XRF testing revealed a positive reading for violations of the standards for lead hazards.
The poisonous condition was created by the Defendants through their neglect of Actual and Constructive Notice of the illegal, hazardous, poisonous, toxic and degenerating lead paint condition, which was imposed upon the Defendants by virtue of NYC Code § 27-2056.5.
Case settled subsequent to Filing of a Note of Issue through Private Mediation
Gross amount of settlement: SIX HUNDRED THOUSAND ($600,000.00) DOLLARS
Elmir Markovic, infant: $287,500.00;
Mother and Natural Guardian: $25,000.00