No Notice of Lead Paint Hazard

September 30, 1998

LVT Number: 12714

Tenant sued landlord for negligence, claiming that his child suffered lead poisoning from lead-based paint. The court ruled against tenant and dismissed the case without a trial. Tenant appealed and lost. Tenant didn't prove that landlord knew or should have known of a hazardous condition and failed to correct it. Tenant's child had tested positive for elevated blood levels between 1981 and 1984, while living in the apartment. The building was later sold, and in 1990 the DOH tested and found lead.

Tenant sued landlord for negligence, claiming that his child suffered lead poisoning from lead-based paint. The court ruled against tenant and dismissed the case without a trial. Tenant appealed and lost. Tenant didn't prove that landlord knew or should have known of a hazardous condition and failed to correct it. Tenant's child had tested positive for elevated blood levels between 1981 and 1984, while living in the apartment. The building was later sold, and in 1990 the DOH tested and found lead. This was insufficient proof that the lead-based paint existed in the apartment in 1980, when tenant moved in.

Busto v. Tamucci: 674 NYS2d 406 (1998) (App. Div. 2 Dept.; Thompson, JP, Santucci, Friedmann, Florio, JJ)

Topics

More like this