No Notice of Lead Paint Hazard

April 1, 1999

LVT Number: 13114

Tenant sued landlord, claiming that her baby suffered lead poisoning due to exposure to lead-based paint in their apartment. Landlord asked the court to dismiss the case without a trial, claiming he didn't have notice of the condition. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Tenant claimed that landlord had been told about peeling and chipping paint, and that, at the time, there were newspaper articles on the general dangers of lead paint.

Tenant sued landlord, claiming that her baby suffered lead poisoning due to exposure to lead-based paint in their apartment. Landlord asked the court to dismiss the case without a trial, claiming he didn't have notice of the condition. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Tenant claimed that landlord had been told about peeling and chipping paint, and that, at the time, there were newspaper articles on the general dangers of lead paint. This wasn't sufficient proof that landlord had actual or constructive notice of a lead paint hazard in tenant's apartment.

Smith v. Sagat: NYLJ, p. 32, col. 4 (3/2/99) (App. Div. 2 Dept.; O'Brien, JP, Ritter, Thompson, Goldstein, JJ)

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