Tenant Claims Child Harmed by Lead-Based Paint in Apartment

April 23, 2015

LVT Number: #26136

Former tenant sued landlord, claiming that lead paint violations had injured her child. Tenant also claimed negligence and breach of the warranty of habitability. The court denied tenant's request to decide the case without a trial. There were questions of fact that required a trial concerning whether landlord's apartment gut renovation sufficiently encapsulated lead-based paint, whether subsequent lead paint testing was sufficient, whether tenant's dog disturbed encapsulated paint, and whether exposure to lead paint caused the child's condition. 

Former tenant sued landlord, claiming that lead paint violations had injured her child. Tenant also claimed negligence and breach of the warranty of habitability. The court denied tenant's request to decide the case without a trial. There were questions of fact that required a trial concerning whether landlord's apartment gut renovation sufficiently encapsulated lead-based paint, whether subsequent lead paint testing was sufficient, whether tenant's dog disturbed encapsulated paint, and whether exposure to lead paint caused the child's condition. 

G.M.M. v. Kimpson: Index No. 13-CV-5059, 2015 WL 12857404 (EDNY; 3/19/15; Weinstein, SDJ)

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