Lead Paint Lawsuit Against City Dismissed

April 1, 2001

LVT Number: 14848

Tenant sued landlord and the City of New York after her child suffered lead paint injuries. Tenant claimed that the city didn't properly regulate and enforce the lead poisoning laws. Tenant later asked the court for permission to add a claim of breach of special duty to her complaint. The court ruled against tenant and dismissed the case against the city entirely. Tenant couldn't maintain a negligence claim against the city without showing that the city breached a special duty.

Tenant sued landlord and the City of New York after her child suffered lead paint injuries. Tenant claimed that the city didn't properly regulate and enforce the lead poisoning laws. Tenant later asked the court for permission to add a claim of breach of special duty to her complaint. The court ruled against tenant and dismissed the case against the city entirely. Tenant couldn't maintain a negligence claim against the city without showing that the city breached a special duty. And tenant couldn't raise the claim regarding special duty after filing her notice of claim, which was what she sought to do here.

Jimenez v. 148th St. Assocs.: NYLJ, 3/5/01, p. 20, col. 1 (Sup. Ct. NY; Stallman, J)

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