Former Tenant Claims Damages from Lead Paint

The adult child of former tenant, born in 1991, sued landlord for injuries she claimed she suffered from exposure to lead paint between 1991 and 1995 while she lived in an apartment owned by Albany landlord. Landlord asked the court to dismiss the case without a trial. Among other things, plaintiff had failed to submit to a timely independent medical exam. The court ruled against landlord, finding that plaintiff should be given additional time to comply. The court also dismissed landlord's defenses of contributory negligence and failure to mitigate. Landlord appealed and won in part. The court could permit the independent medical exam to go forward despite plaintiff's delay in complying. In addition, there were questions of fact as to whether landlord had notice of a lead paint condition in the apartment that required a trial. The appeals court also reinstated landlord's stricken defenses. Proof that plaintiff regularly smoked cigarettes and used marijuana could be relevant and should be considered at trial.

Harris v. Erfurt: NYLJ No. 1202677422398 (App. Div. 3d Dept.; 11/20/14; Lahtinen, JP, Stein, McCrthy, Rose, Clark, JJ)