Tenant Gets Jury Trial in Lead Paint Case

February 1, 2000

LVT Number: 13852

Tenant sued landlord, claiming that her child was injured by swallowing lead paint in the apartment. The case was moved to federal court when the Federal Home Loan Mortgage Program was added as a defendant. Pretrial questioning was completed about two years after the case was started, and tenant then asked for a jury trial. Landlord objected, arguing that tenant had waited too long to make this request. The court ruled against landlord. Under New York law, a jury trial demand doesn't have to be made until pretrial questioning is completed.

Tenant sued landlord, claiming that her child was injured by swallowing lead paint in the apartment. The case was moved to federal court when the Federal Home Loan Mortgage Program was added as a defendant. Pretrial questioning was completed about two years after the case was started, and tenant then asked for a jury trial. Landlord objected, arguing that tenant had waited too long to make this request. The court ruled against landlord. Under New York law, a jury trial demand doesn't have to be made until pretrial questioning is completed. Also, cases involving personal injuries are generally tried before juries.

Jean v. 536 Realty Assocs.: NYLJ 1/19/00, p. 35, col. 6 (E.D.N.Y.; Nickerson, J)

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