Mother and Child Can Use Same Attorney for Lead Paint Case

August 31, 1998

LVT Number: 12596

Tenant sued landlord for negligence based on lead poisoning to her baby, which she claimed was caused by lead paint conditions in her apartment. Landlord claimed that tenant wouldn't permit access for repairs and so she was responsible for her baby's injuries. Landlord also claimed that the interests of tenant and her baby were therefore at odds and that one attorney shouldn't be allowed to represent both tenant and her baby in the case. The court ruled against landlord. Landlord presented no proof that tenant denied access to the apartment.

Tenant sued landlord for negligence based on lead poisoning to her baby, which she claimed was caused by lead paint conditions in her apartment. Landlord claimed that tenant wouldn't permit access for repairs and so she was responsible for her baby's injuries. Landlord also claimed that the interests of tenant and her baby were therefore at odds and that one attorney shouldn't be allowed to represent both tenant and her baby in the case. The court ruled against landlord. Landlord presented no proof that tenant denied access to the apartment. And landlord didn't have any standing to object to who represented tenant and her baby. The court also found no ethical violation by tenant's attorney and no conflict of interest.

Massena v. 626 Realty Co.: NYLJ, p. 27, col. 3 (8/7/98) (Sup. Ct. Kings; Rappaport, J)

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