Landlord Not Responsible for Lead Paint Injuries

January 11, 2013

LVT Number: #24535

Tenant sued landlord on behalf of her children, claiming that they were injured by lead-based paint in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Landlord showed that it didn't purchase the building until May 2009, about 10 years after the youngest child claimed that she was injured and after all of the children involved were over the age of 7.

Tenant sued landlord on behalf of her children, claiming that they were injured by lead-based paint in their apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. Landlord showed that it didn't purchase the building until May 2009, about 10 years after the youngest child claimed that she was injured and after all of the children involved were over the age of 7. And there was no proof that anyone notified landlord that children under the age of 7 were living in tenant's apartment before the lawsuit was filed.

Flores v. Cathedral Properties LLC: 955 NYS2d 324, 2012 NY Slip Op 08407 (App. Div. 1 Dept; 12/6/12; Gonzalez, PJ, Sweeny, Richter, Roman, Clark, JJ)

Topics

More like this