Landlord Had No Notice of Lead Condition

January 1, 2003

LVT Number: 16307

Tenant sued landlord for damages for injury to her child, who she claimed suffered lead paint poisoning in the apartment. Landlord asked the court to dismiss the case, claiming that he had no notice of any lead paint condition. The court ruled for landlord. Tenant appealed and lost. Landlord showed that he had neither actual nor constructive notice of any lead-based paint condition in the apartment. In addition, since the building wasn't a multiple dwelling, landlord can't be found to have had constructive notice of the condition.

Tenant sued landlord for damages for injury to her child, who she claimed suffered lead paint poisoning in the apartment. Landlord asked the court to dismiss the case, claiming that he had no notice of any lead paint condition. The court ruled for landlord. Tenant appealed and lost. Landlord showed that he had neither actual nor constructive notice of any lead-based paint condition in the apartment. In addition, since the building wasn't a multiple dwelling, landlord can't be found to have had constructive notice of the condition.

Vazquez v. Prevosto: NYLJ, 12/9/02, p. 32, col. 1 (App. Div.2 Dept.; Smith, JP, McGinity, Luciano, Crane, JJ)

Topics

More like this