Trial Required on Lead Poisoning Claim

Tenant sued landlord for negligence when her five-year-old daughter was diagnosed with lead poisoning. Landlord asked the court to dismiss the case without trial. Landlord claimed it had no notice of any defective condition in tenant's apartment. It also claimed that a painted chip tested from the apartment had lead levels below the maximum permitted, and that the girl's blood lead level was low enough that it didn't constitute lead poisoning as defined under National Center for Disease Control standards. The court ruled against landlord. The law put the burden on landlord to make sure that lead paint wasn't used in apartments where there were children under the age of seven. No additional ''notice'' was required. And landlord's interpretation of lead level standards was incorrect. The case would proceed to trial.

Colon v. NYC Housing Authority: NYLJ, p. 26, col. 1 (6/20/95) (Sup. Ct. NY; Goodman, J)