No Proof of Lead Paint Ingestion Presented

December 16, 2013

LVT Number: #25207

Tenant sued landlord, claiming that her child was injured by exposure to lead paint in tenant's apartment. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. There was no proof presented of lead paint in the apartment, so landlord wasn't responsible. But since landlord failed to address tenant's particular claim of negligent abatement, the case was sent back to the lower court for further proceedings on that part of tenant's claim.

Tenant sued landlord, claiming that her child was injured by exposure to lead paint in tenant's apartment. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. There was no proof presented of lead paint in the apartment, so landlord wasn't responsible. But since landlord failed to address tenant's particular claim of negligent abatement, the case was sent back to the lower court for further proceedings on that part of tenant's claim.

Stokely v. Wright: 975 NYS2d 288, NY Slip Op 07593 (App. Div. 4 Dept.; 11/15/13; Scudder, PJ, Smith, Fahey, Sconiers, Valentino, JJ)

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