Tenant Can't Sue City for Child's Lead Poisoning

June 30, 2004

LVT Number: 17414

Tenant sued landlord and the City of New York for injuries to her child from exposure to lead paint in her apartment. Tenant claimed that the city had a special duty to the child because of its bad advice, failure to ensure prompt abatement of landlord's lead paint violation, and failure to advise tenant to remove the child from the apartment or hospitalize her sooner. The city claimed that it had no special relationship with tenant and, so, had no duty to tenant. The court ruled for the city and dismissed the case.

Tenant sued landlord and the City of New York for injuries to her child from exposure to lead paint in her apartment. Tenant claimed that the city had a special duty to the child because of its bad advice, failure to ensure prompt abatement of landlord's lead paint violation, and failure to advise tenant to remove the child from the apartment or hospitalize her sooner. The city claimed that it had no special relationship with tenant and, so, had no duty to tenant. The court ruled for the city and dismissed the case. Tenant couldn't claim a special relationship with the city because the applicable health laws didn't give tenant a right to sue the city. And merely offering tenant advice didn't create a special relationship.

Caban v. 600 E. 21st St. Co.: NYLJ, 6/18/04, p. 22, col. 1 (EDNY; Dearie, J)

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