Did Landlord Have Notice of Lead Paint Condition?

January 13, 2013

LVT Number: #24543

Tenant sued landlord based on injuries to her child from lead-based paint in her apartment. They had lived in the apartment until the child was 2 years old. Tenant asked the court to find landlord liable without a trial because landlord knew or should have known about the condition. The court ruled against tenant, who appealed and lost. There were factual questions as to whether landlord had notice of the presence of lead-based paint on the apartment's exterior, second-floor porch. A trial was needed.

Tenant sued landlord based on injuries to her child from lead-based paint in her apartment. They had lived in the apartment until the child was 2 years old. Tenant asked the court to find landlord liable without a trial because landlord knew or should have known about the condition. The court ruled against tenant, who appealed and lost. There were factual questions as to whether landlord had notice of the presence of lead-based paint on the apartment's exterior, second-floor porch. A trial was needed.

Sykes v. Roth: 2012 NY Slip Op 08949, 2012 WL 6634991 (App. Div. 4 Dept.; 12/21/12; Scudder, PJ, Fahey, Carni, Lindley, Sconiers, JJ)

Topics

More like this