Tenant Awarded $900,000 for Child's Lead Paint Exposure

Tenant sued landlords after her child was found to have elevated blood lead levels. Landlords failed to appear in court, and the court ordered an inquest. Landlords also failed to appear at the inquest. In 2008, the court ruled that landlords were responsible for the child's exposure to lead paint in the apartment and awarded tenant $900,000 in damages. In 2011, landlords asked the court to vacate the judgment. They claimed that they were never properly served with tenant's initial court papers. The court held a hearing on the question of delivery of the court papers, and ruled against landlords. The court later denied landlords' request to reargue based on additional information. Landlords appealed and lost. Landlords failed to present reasonable justification for the late submission of new evidence in support of their claim of improper service.

Fardin v. 61st Woodside Associates: Index No 16601/2006, NYLJ No. 1202717213207 (App. Div. 2 Dept.; 2/6/15; Skelos, JP, Dillon, Miller, LaSalle, JJ)