Was Lead Paint in Apartment the Cause of Child's Injuries?

Tenant sued landlord, claiming that her child suffered lead paint poisoning due to lead paint in her apartment. Tenant asked the court to decide the case in her favor without a trial. The court ruled against tenant, finding that there were questions of fact as to whether landlord took reasonable measures to address the hazardous lead-based paint condition in tenant's apartment. The court did otherwise find that landlord was on notice of the claimed lead-based paint condition.

Tenant appealed and lost. Although landlord failed to raise an issue of fact that the lead paint hazard existed despite its diligent and reasonable efforts to prevent it, tenant wasn't entitled to summary judgment concerning landlord's liability. Landlord's medical expert raised questions of fact as to whether landlord's negligence was the cause of the child's injuries. Landlord's expert believed that the child's injury wasn't the result of lead poisoning. A trial was needed to determine the facts.

S.T. v. 1727-29 LLC: Index Nos. 350020/08, 11041, 2020 NY Slip Op 03630 (App. Div. 1 Dept.; 6/25/20; Acosta, PJ, Kapnick, Moulton, Gonalez, JJ)