Child's Cognitive Impairment Wasn’t Caused by Lead Paint Exposure

Tenant sued landlord, claiming that her child developed cognitive deficits due to exposure to lead-based paint in tenant’s apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and won. The appeals court found that exposure to lead didn’t cause the child’s cognitive deficits, and that the reports of two doctors were insufficient to raise issues of fact requiring a trial. The child had undisputed speech and language deficits from infancy, well before his first known exposure to lead paint. The child received speech and language therapy and individualized education programs into high school and an expert pediatric neurologist’s report showed that no peer-reviewed study had found that lead contributed to conditions in children with pre-existing cognitive deficits. A neuropsychologist’s report submitted by tenant also was insufficient to raise any questions as to whether the child’s exposure to lead created greater difficulties for him than he would have had if he hadn't been exposed to lead.

Adrian T. v. Millshan Realty Co., LLC: 2017 NY Slip Op 01122, 2017 WL 536018 (App. Div. 1 Dept.; 2/10/17; Sweeny, JP, Renwick, Mazzarelli, Manzanet-Daniels, Feinman, JJ)