Landlord Not Liable for Lead Poisoning

February 1, 2004

LVT Number: 17096

Tenant sued landlord, claiming that her child suffered from lead poisoning due to a hazardous lead paint condition in the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord showed that it completely renovated the apartment before tenant moved in. The Department of Health also reported that it found no lead paint in the apartment after tenant's child was born. And even if there was a lead paint condition in the apartment, tenant gave landlord no notice of the claimed condition.

Tenant sued landlord, claiming that her child suffered from lead poisoning due to a hazardous lead paint condition in the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord showed that it completely renovated the apartment before tenant moved in. The Department of Health also reported that it found no lead paint in the apartment after tenant's child was born. And even if there was a lead paint condition in the apartment, tenant gave landlord no notice of the claimed condition. The case was properly dismissed.

Carrero v. 266 Himrod Assocs. LLC: NYLJ, 1/26/04, p. 32, col. 1 (App. Div. 2 Dept.; Santucci, JP, Schmidt, Adams, Crane, JJ)

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