Landlord Denies Knowledge of Lead Paint Condition

August 14, 2014

LVT Number: #25682

Tenants sued landlord for negligence, claiming that their daughter was injured by lead-based paint ingested at the apartment. Landlord asked the court to dismiss the case without a  trial. The court ruled against landlord, who appealed and lost. There were genuine questions of fact as to whether landlord knew or should have known of peeling lead-based paint, so a trial was needed to determine whether landlord was responsible.

Tenants sued landlord for negligence, claiming that their daughter was injured by lead-based paint ingested at the apartment. Landlord asked the court to dismiss the case without a  trial. The court ruled against landlord, who appealed and lost. There were genuine questions of fact as to whether landlord knew or should have known of peeling lead-based paint, so a trial was needed to determine whether landlord was responsible.

McDonald v. Farina: 988 NY.S.2d 830, 2014 NY Slip Op 05269 (App. Div. 4 Dept.; 7/11/14; Smith, JP, Centra, Carni, Whalen, DeJoseph, JJ)

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