Trial Required on Tenant's Lead Poisoning Claim

March 1, 2000

LVT Number: 13912

Tenant sued landlord, claiming that her child was injured by lead paint poisoning in the apartment. Tenant and landlord each asked the court to rule in their favor without holding a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and sent the case back for trial because there were questions of fact. Medical records showed that the child had elevated lead levels in his blood, and the Department of Health had issued lead violations for the apartment.

Tenant sued landlord, claiming that her child was injured by lead paint poisoning in the apartment. Tenant and landlord each asked the court to rule in their favor without holding a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and sent the case back for trial because there were questions of fact. Medical records showed that the child had elevated lead levels in his blood, and the Department of Health had issued lead violations for the apartment. But landlord's independent consultant contested the Department of Health's findings with some proof of lower lead levels in the apartment.

Brito v. Schechter: NYLJ, 2/14/00, p. 29, col. 5 (App. Div.2 Dept.; O'Brien, JP, Krausman, Florio, McGinity, JJ)

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