Trial Required on Tenant's Claim

January 1, 2003

LVT Number: 16308

Tenant sued landlord, claiming that her child suffered damage as a result of exposure to lead paint in the apartment. Department of Health tests showed there were lead paint violations in the apartment. Landlord submitted two doctors' reports indicating that the child's cognitive and behavioral problems were caused by social and economic factors. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. The medical reports didn't sufficiently explain why the level of lead poisoning wasn't the cause of the child's injuries.

Tenant sued landlord, claiming that her child suffered damage as a result of exposure to lead paint in the apartment. Department of Health tests showed there were lead paint violations in the apartment. Landlord submitted two doctors' reports indicating that the child's cognitive and behavioral problems were caused by social and economic factors. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. The medical reports didn't sufficiently explain why the level of lead poisoning wasn't the cause of the child's injuries. A trial was needed to examine the facts.

Baez v. Sugrue: NYLJ, 12/30/02, p. 22, col. 1 (App. Div.2 Dept.; Florio, JP, Friedmann, McGinity, Townes, JJ)

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