This case involved two plaintiffs, Sibling A was born in in 1989 and Sibling B who was born in 1991.  The lived with their mother at 212 West 111th St. in Manhattan. Defendant, the City of New York. acquired title to the premises in November 1990 in a tax foreclosure. At the time, Sibling A and her mother lived in Apartment 25, which was owned by Siblings' grandmother. In March 1991, they moved to Apt. 16.  Siblings A and B visited Apartment 25 on an almost daily basis. In July, 1992, Sibling B was found to have elevated blood lead levels.

Fitzgerald & Fitzgerald contended that Defendant, the City of New York, Violated § 27-2013(h) of the New York City Administrative Code. They also claimed that Defendant failed to timely and properly abate the lead paint hazards at both apartments. Evidence indicated that both apartments had peeling and flaking lead-based paint. Deft. Claimed that  Siblings were squatters in Apartment 16 and that its workers had repeated problems gaining access to both apartments to perform lead abatement work, and therefore its actions were reasonable.