Landlord Not Responsible for Lead Paint Exposure

Tenant sued landlord for damages based on injuries she claimed she suffered as a result of exposure to lead paint as a child in her apartment. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Tenant had to show that landlord had either actual or constructive notice of the lead paint condition. Based on pretrial testimony, landlord showed that its shareholders lacked actual notice of lead paint in the apartment. They also lacked constructive notice. Although they retained a right of entry, assumed a duty to make repairs, and knew a child lived in the apartment, they didn't know the premises was built before a time when lead-based interior paint was banned, weren't aware of any peeling paint in the apartment, and knew nothing of the hazards lead-based paint posed to children.

Hines v. Double D and S Realty Management Corporation: 964 NYS2d 298, 2013 NY Slip Op 03149 (App. Div. 3 Dept.; 5/2/13; Mercure, JP, Spain, McCarthy, Egan Jr., JJ)