Tenant Claims Child's Lead Paint Injuries Occurred in Godmother's Apartment

June 30, 2009

LVT Number: #22012

Tenant sued landlord for damages, claiming that her child was injured by lead paint found in tenant's apartment, as well as in another apartment in the building occupied by the child's godmother. The court ruled for tenant in part. Landlord was responsible for injuries that occurred in tenant's apartment because landlord had notice that the child lived there and DOH had found lead conditions there constituting a nuisance and ordered landlord to abate the condition. But landlord claimed that it didn't know that the child lived also in the godmother's apartment.

Tenant sued landlord for damages, claiming that her child was injured by lead paint found in tenant's apartment, as well as in another apartment in the building occupied by the child's godmother. The court ruled for tenant in part. Landlord was responsible for injuries that occurred in tenant's apartment because landlord had notice that the child lived there and DOH had found lead conditions there constituting a nuisance and ordered landlord to abate the condition. But landlord claimed that it didn't know that the child lived also in the godmother's apartment. So a trial was needed to determine whether landlord had notice that the child lived there.

Foster v. Alfred S. Friedman Management Corp.: 2009 WL 1544378 (6/4/09) (App. Div. 1 Dept.; Andrias, JP, Moskowitz, DeGrasse, Richter, JJ)

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