Super Knew of Peeling Paint in Apartment

Tenant sued landlord after suffering lead paint poisoning as a child in 1979. Landlord claimed there was no prior actual notice or reason it should have known of a dangerous lead paint condition. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Although the building superintendent was aware of chipping and peeling paint in tenant's apartment, and the hazards of lead paint were widely publicized at that time, notice of chipping and peeling paint isn't the same as notice of a dangerous lead paint condition. Likewise, media reports didn't put landlord on notice of a dangerous condition in tenant's apartment.

Durand v. Roth Bros. Partnership Co.: NYLJ, p. 33, col. 2 (10/25/99) (App. Div.2 Dept.; Thompson, JP, Sullivan, Altman, Feuerstein, JJ)