Landlord Can Question DOH Lead Paint Tester

June 30, 1996

LVT Number: 10682

Tenant sued landlord for negligence based on the presence of lead paint in her apartment. Landlord subpoenaed the DOH lead paint tester who had inspected tenant's apartment. DOH asked the court to revoke the subpoena since DOH wasn't a party to the case. The court ruled against DOH, and DOH appealed. The appeals court again ruled against DOH. The circumstances justified landlord's pretrial questioning of the DOH inspector because the negligence charge related to the inspector's qualifications and training in the operation of the instrument used to detect for lead paint.

Tenant sued landlord for negligence based on the presence of lead paint in her apartment. Landlord subpoenaed the DOH lead paint tester who had inspected tenant's apartment. DOH asked the court to revoke the subpoena since DOH wasn't a party to the case. The court ruled against DOH, and DOH appealed. The appeals court again ruled against DOH. The circumstances justified landlord's pretrial questioning of the DOH inspector because the negligence charge related to the inspector's qualifications and training in the operation of the instrument used to detect for lead paint. This information was relevant to landlord's defense.

Calderone v. Levites Realty Management Corp.: NYLJ, p. 26, col. 3 (6/27/96) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Rubin, Williams, JJ)

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