Did Landlord Know About Lead Paint Condition?

December 15, 2015

LVT Number: #26666

Brother and sister sued landlord for claimed injuries resulting from their childhood exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. The plaintiffs appealed and won, in part. The case by the brother was properly dismissed because there was no showing that he had an elevated blood level while living in the apartment. But the sister showed some injury and presented some proof that raised a question as to whether landlord knew about a peeling paint condition in the apartment. 

 

Brother and sister sued landlord for claimed injuries resulting from their childhood exposure to lead paint in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. The plaintiffs appealed and won, in part. The case by the brother was properly dismissed because there was no showing that he had an elevated blood level while living in the apartment. But the sister showed some injury and presented some proof that raised a question as to whether landlord knew about a peeling paint condition in the apartment. 

 

Davis v. Brzostowski: 2015 NY Slip Op 08593, 2015 WL 7305360 (App. Div. 4 Dept.; 11/20/15; Smith, JP, Peradotto, Lindley, Valentino, DeJoseph, JJ)

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