No Pretrial Questioning of Lead Paint Expert

November 1, 2003

LVT Number: 16915

Tenant sued landlord, seeking damages for her child's lead poisoning. Landlord produced a letter from a lead testing company that stated that lead levels in tenant's apartment were below danger levels. Landlord had gotten this report before tenant sued, in response to health department violations. Tenant asked the court for permission to question landlord's lead expert before the trial. The court ruled against tenant. There were no special circumstances that required pretrial questioning of landlord's expert witness.

Tenant sued landlord, seeking damages for her child's lead poisoning. Landlord produced a letter from a lead testing company that stated that lead levels in tenant's apartment were below danger levels. Landlord had gotten this report before tenant sued, in response to health department violations. Tenant asked the court for permission to question landlord's lead expert before the trial. The court ruled against tenant. There were no special circumstances that required pretrial questioning of landlord's expert witness.

Bligen v. Markland Estates Inc.: NYLJ, 10/14/03, p. 19, col. 1 (Sup. Ct. Queens; Polizzi, J)

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