Trial Required on Tenant's Lead Paint Claim

December 1, 2003

LVT Number: 16986

Tenant sued landlord for damages caused by a lead paint condition in his apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord showed no proof as to whether the house was built before or after the use of lead-based paint was barred. And landlord didn't show any evidence of her lack of knowledge concerning the hazards that lead-based paint presented to young children. So there were no grounds to dismiss the case.

Tenant sued landlord for damages caused by a lead paint condition in his apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord showed no proof as to whether the house was built before or after the use of lead-based paint was barred. And landlord didn't show any evidence of her lack of knowledge concerning the hazards that lead-based paint presented to young children. So there were no grounds to dismiss the case.

Molina v. Belasquez: NYLJ, 11/21/03, p. 30, col. 2 (App. Div. 2 Dept.; Altman, JP, Smith, Friedmann, Crane, JJ)

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