Former Tenant Claims Injuries Based on Childhood Exposure to Lead Paint in Apartment

Former tenant sued landlord, seeking damages for claimed injuries suffered as a result of exposure to lead paint as a child. Tenant asked the court to bar landlord from introducing certain evidence. The court ruled against tenant, who appealed and lost. The appeals court ruled that tenant couldn't appeal the trial court's preliminary rulings on evidence, that there were genuine issues of fact as to whether landlord had notice of lead paint or its peeling in tenant's apartment, and landlord was entitled to raise defenses claiming that tenant failed to mitigate damages and that there may have been other causes of injury to tenant. 

Heyward v. Shanne: 114 A.D.3d 1212, 2014 NY Slip Op 00839 (App. Div. 4 Dept.; 2/7/14; Smith, JP, Fahey, Lindley, Sconiers, Whalen, JJ)