Trial Required on Lead Poisoning Claim

March 1, 2004

LVT Number: 17153

Tenant sued landlord for damages, claiming that his child was injured by lead paint in tenant's apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. The Court of Appeals had ruled previously that under Local Law 1, lead-based paint is a hazard when there is lead in an amount greater than the threshold stated in the statute and there is a child age 6 years or under living in the apartment. In this case, there was a question as to whether the lead in the apartment was greater than the stated threshold.

Tenant sued landlord for damages, claiming that his child was injured by lead paint in tenant's apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. The Court of Appeals had ruled previously that under Local Law 1, lead-based paint is a hazard when there is lead in an amount greater than the threshold stated in the statute and there is a child age 6 years or under living in the apartment. In this case, there was a question as to whether the lead in the apartment was greater than the stated threshold. There was also a question as to whether landlord took reasonable steps to prevent the dangerous lead paint condition. A trial was required to decide whether landlord was liable.

O'Neal v. NYCHA: NYLJ, 2/6/04, p. 26, col. 5 (App. Div. 2 Dept.; Florio, JP, Smith, Luciano, Rivera, JJ)

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