Landlord Knew That 2-Year-Old Child Lived in Apartment

September 24, 2017

LVT Number: #27901

Tenant sued landlord, claiming that her 2-year-old child was injured in October 2003 by exposure to lead-based paint in their apartment. The court denied landlord's request to dismiss the case without a trial. Landlord appealed and lost. Landlord had actual notice that the child lived in the apartment at the time in question but failed to show that it lacked constructive notice of the allegedly hazardous lead-based point condition in the apartment. A trial was needed to determine if landlord was responsible for lead-paint injury to the child.

 

Tenant sued landlord, claiming that her 2-year-old child was injured in October 2003 by exposure to lead-based paint in their apartment. The court denied landlord's request to dismiss the case without a trial. Landlord appealed and lost. Landlord had actual notice that the child lived in the apartment at the time in question but failed to show that it lacked constructive notice of the allegedly hazardous lead-based point condition in the apartment. A trial was needed to determine if landlord was responsible for lead-paint injury to the child.

 

Matute v. NYCHA: 153 A.D.3d 916, 2017 NY Slip Op 06360 (App. Div. 2 Dept.; 8/30/17; Dillon, JP, Roman, Miller, LaSalle, JJ)

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