Landlord Had Notice that Child Lived in Apartment

Tenants sued landlord, claiming their children were injured by ingesting lead paint chips in the apartment. The law makes landlord liable for injuries caused by lead paint if it knew children under age 7 lived in the apartment. Landlord claimed it didn't know that tenants had young children. The court ruled for tenants and found landlord's claim ''ludicrous.'' Tenants produced copies of their 1976 lease application in which they stated they had a 11/2-year-old child. Tenants also produced copies of letters to landlord from 1984, 1985, and 1986, stating that tenants lived in the apartment with four children. Landlord didn't deny receipt of these letters. A hearing was ordered to determine the amount of damages.

Mendez v. Davana Realty Corp.: NYLJ, p. 29, col. 6 (12/19/97) (Sup. Ct. NY; Goodman, J)