Landlord Claims Mother Liable for Lead Poisoning

November 1, 1995

LVT Number: 10102

Tenant sued landlord for negligence because her child was exposed to lead paint in her apartment. Landlord claimed that tenant herself didn't supervise the child and had assumed the risk. The court wouldn't let landlord raise these issues. Landlord appealed and lost. Landlord's claims were simply a bad faith attempt to shift blame when the law clearly made landlord responsible for removing or covering lead paint in the apartment.

Tenant sued landlord for negligence because her child was exposed to lead paint in her apartment. Landlord claimed that tenant herself didn't supervise the child and had assumed the risk. The court wouldn't let landlord raise these issues. Landlord appealed and lost. Landlord's claims were simply a bad faith attempt to shift blame when the law clearly made landlord responsible for removing or covering lead paint in the apartment.

Nieves v. 1097 Walton Realty Co.: NYLJ, p. 27, col. 4 (10/26/95) (App. Div. 1 Dept.; Sullivan, JP, Kupferman, Asch, Tom, JJ)

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