Co-op, Not Shareholder, Responsible for Unit's Lead Paint Condition

November 17, 2018

LVT Number: #29737

Tenant sued building landlord, which was a cooperative corporation, claiming that her child was injured by ingesting paint chips in the apartment that contained lead. Landlord asked the court to join the estate of the deceased shareholder tenant who owned the apartment to the lawsuit. The court ruled against landlord. The co-op corporation, as owner of the multiple dwelling, had a nondelegable duty to abate a lead paint hazard in an apartment were an infant lived and couldn't seek contractual indemnification from apartment shareholder. 

Tenant sued building landlord, which was a cooperative corporation, claiming that her child was injured by ingesting paint chips in the apartment that contained lead. Landlord asked the court to join the estate of the deceased shareholder tenant who owned the apartment to the lawsuit. The court ruled against landlord. The co-op corporation, as owner of the multiple dwelling, had a nondelegable duty to abate a lead paint hazard in an apartment were an infant lived and couldn't seek contractual indemnification from apartment shareholder. 

N.A. v. Hillcrest Owners Association, Inc.: 2018 NY Slip Op 5274154 (App. Div. 2 Dept.; 10/24/18; Rivera, JP, Chambers, Duffy, Iannacci, JJ)

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