Landlord Knew Child Under Age 7 Lived in Apartment

Tenant sued landlord for negligence based on his child's lead paint poisoning. Tenant lived in the first-floor apartment of landlord's building from the child's birth in April 2004 until they moved out in April 2006, after the DOH issued an abatement order. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord claimed that she had no notice of any dangerous condition. The court ruled against landlord. In pretrial testimony, tenants stated that paint was visibly peeling and landlord would enter the apartments monthly to collect rent and make repairs. There was proof that landlord knew that children lived in tenant's apartment. Local Law 1 required landlord to remove or cover paint containing hazardous levels of lead in the apartment.

Martinez v. Levy: Index No.9077/2007, NYLJ No. 1202533787131 (Sup. Ct. Queens; 11/15/11; Markey, J)