Tenants Didn't Prove Landlord Knew About Lead Paint Condition

Tenants sued landlord, claiming that their child was injured from lead-based paint in the 1898 house they rented. They asked the court to find landlord responsible without trial for the damages, based on negligence. They claimed that landlord was aware of peeling and deteriorating paint conditions they said existed. Landlord stated that she saw only some nicks from furniture but no peeling paint. The court ruled against tenants. Although photographs showed that interior walls weren't in ideal condition, it was unclear whether damage to the walls resulted from general wear and tear or from chipping and peeling paint. Also, tenants didn't show that they had notified landlord of the condition. A trial was needed to determine the facts.

C.T. v. Ezra: Index No. 520350/2019, 2024 NY Slip Op 51776(U), NYLJ, 1/7/25, p. 17, col. 2 (Sup. Ct. Kings; 12/16/24; Maslow, J)