Tenant Claims Lead Poisoning

March 1, 2000

LVT Number: 13911

Tenant sued landlord, claiming that her child was injured by swallowing lead paint chips in her apartment. Landlord claimed it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord was notified of the dangerous lead paint condition by the Department of Health in July 1995. Tenant moved out in November 1995. There was proof indicating that landlord's efforts to correct the condition after that date were unsuccessful.

Tenant sued landlord, claiming that her child was injured by swallowing lead paint chips in her apartment. Landlord claimed it wasn't responsible and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord was notified of the dangerous lead paint condition by the Department of Health in July 1995. Tenant moved out in November 1995. There was proof indicating that landlord's efforts to correct the condition after that date were unsuccessful. There was also some medical proof that the child's condition changed after the date landlord got notice of the condition. So there were questions of fact that required a trial.

Ball v. Levine: NYLJ, 2/7/00, p. 24, col. 2 (App. Div.1 Dept.; Nardelli, JP, Rubin, Andrias, Buckley, Friedman, JJ)

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