Landlord Claims Tenant Painted Apartment with Lead-Based Paint

August 31, 2001

LVT Number: 15218

Tenant sued landlord for negligence. She moved into the apartment in 1983 and claimed that her child was injured by lead-based paint in the apartment. Landlord denied tenant's claim. Later, landlord asked the court for permission to amend its answer to claim that tenant herself had painted the apartment with lead-based paint and wouldn't give landlord access to inspect or correct this condition. The court ruled for landlord. Tenant appealed and won. There was no proof to support landlord's claim that tenant had painted the apartment with lead-based paint.

Tenant sued landlord for negligence. She moved into the apartment in 1983 and claimed that her child was injured by lead-based paint in the apartment. Landlord denied tenant's claim. Later, landlord asked the court for permission to amend its answer to claim that tenant herself had painted the apartment with lead-based paint and wouldn't give landlord access to inspect or correct this condition. The court ruled for landlord. Tenant appealed and won. There was no proof to support landlord's claim that tenant had painted the apartment with lead-based paint. So landlord couldn't amend its answer.

Munoz v. Mael Equities, Inc.: NYLJ, 8/6/01, p. 22, col. 6 (App. Div.1 Dept.; Mazzarelli, JP, Ellerin, Wallach, Rubin, Friedman, JJ)

Topics

More like this