Trial Required on Tenant's Lead Poisoning Claim

December 1, 2002

LVT Number: 16246

Tenant sued landlord, claiming that her child was injured by lead paint poisoning in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. To prove landlord was responsible for lead poisoning, tenant must show that landlord had actual or constructive notice of the lead paint condition and a reasonable opportunity to correct it. Tenant raised a question of fact as to whether landlord had constructive notice of the condition. So a trial was required.

Tenant sued landlord, claiming that her child was injured by lead paint poisoning in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. To prove landlord was responsible for lead poisoning, tenant must show that landlord had actual or constructive notice of the lead paint condition and a reasonable opportunity to correct it. Tenant raised a question of fact as to whether landlord had constructive notice of the condition. So a trial was required.

Abreu v. Huang: NYLJ, 11/4/02, p. 23, col. 1 (App. Div.2 Dept.; Florio, JP, Krausman, Friedmann, Adams, JJ)

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