City Not Responsible for Lead Poisoning

Tenants sued the City of New York based on injuries their child suffered from lead poisoning. Tenants claimed that the injuries were from lead-based paint in their apartment. The city asked the court to dismiss the case, arguing that it didn't own or control the building at the time of the child's injuries. Tenants claimed that there were questions of fact that required a trial. The court ruled for the city and dismissed the case. At the time in question, the city held a foreclosed tax lien on the property. But the city never took title to the building and never occupied or controlled it.

Wali v. City of New York: 10/29/08, p. 33, col. 1 (Sup. Ct. Kings; Miller, J)