Trial Required on Lead Poisoning Claim

Tenant sued landlord in New York County court for negligence. Tenant claimed that her child contracted lead poisoning from peeling paint in her Mt. Vernon apartment. Landlord asked the court to dismiss the case, claiming that tenant couldn't prove landlord had notice of any lead hazard in the apartment. Landlord argued that there was no law in Westchester like New York City's Local Law 1 under which tenant could claim landlord was liable. The court ruled against landlord. Outside New York City, tenant may have more of a burden to prove her case, but she wasn't barred from suing landlord for lead paint poisoning liability. A trial was needed to determine, among other things, whether the building was a multiple dwelling which landlord was required by law to keep in a sanitary condition, and how long the lead paint hazard may have existed.

Walker v. MBM Properties: NYLJ, p. 26, col. 3 (1/27/99) (Sup. Ct. NY; Lebedeff, J)