Landlord Had No Notice of 2-Year-Old Living in Apartment

February 1, 2009

LVT Number: #20994

Tenant sued landlord, claiming that her 2-year-old child was injured by lead paint exposure in her apartment. Landlord asked the court to dismiss the case without a trial. Landlord claimed that it had no notice of a lead-based paint condition in tenant's apartment. The court ruled against landlord, finding that a trial was needed. Landlord appealed. The appeals court ruled for landlord and dismissed the case. Landlord showed that it had no notice that tenant had a child living with her in the apartment at the time of the claimed exposure.

Tenant sued landlord, claiming that her 2-year-old child was injured by lead paint exposure in her apartment. Landlord asked the court to dismiss the case without a trial. Landlord claimed that it had no notice of a lead-based paint condition in tenant's apartment. The court ruled against landlord, finding that a trial was needed. Landlord appealed. The appeals court ruled for landlord and dismissed the case. Landlord showed that it had no notice that tenant had a child living with her in the apartment at the time of the claimed exposure. Tenant failed to show that there was any question about this.

Byrd v. 2015 Caton Ave. LLC: NYLJ, 1/12/09, p. 32, col. 5 (App. Div. 2 Dept.; Mastro, JP, Miller, Carni, Chambers, JJ)

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