Did Landlord Have Notice of Lead Condition?

LVT Number: 16380

Tenant sued landlord, claiming that her child was injured by lead paint conditions in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord must show that it had no prior notice of a dangerous lead paint condition. This was a question of fact that required a trial.

Tenant sued landlord, claiming that her child was injured by lead paint conditions in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord must show that it had no prior notice of a dangerous lead paint condition. This was a question of fact that required a trial.

Vidal v. Rodriquez: NYLJ, 1/21/03, p. 31, col. 1 (App. Div.2 Dept.; Santucci, JP, Miller, Schmidt, Townes, JJ)