Trial Required on Lead Poisoning Claim

Facts:Tenant claimed that her children suffered permanent injuries after being exposed to lead-based paint in their apartment. In October 1992, the Department of Health sent a nuisance abatement order to landlord NYCHA. Landlord didn't perform lead abatement repairs until 1996. Tenant claimed that landlord was responsible for the children's injuries. Tenant also claimed that the city had violated its own rules because the Department of Health didn't reinspect the apartment five days after the abatement notice was sent to NYCHA. Both NYCHA and the city asked the court to dismiss the case. Court:The city wins. The city regulations that tenant relied on didn't provide grounds for a private claim against the city for damages. But the case against landlord wasn't dismissed. Landlord claimed that it had no notice of peeling lead paint in the apartment until after the children were diagnosed. And one doctor said the children could have got lead poisoning during a 1992 trip to Bangladesh. There were questions of fact that required a trial.

Miah v. NYCHA: NYLJ, 10/22/02, p. 18, col. 1 (Sup. Ct. NY; Stallman, J)