Landlord's Ex-Wife Not Responsible for Lead Paint Condition

LVT Number: #24775

Tenant sued landlord husband and his wife, who was a former co-owner of the building, claiming that her child was injured by lead paint in the apartment. The court dismissed the case against the wife, finding that she wasn't responsible. Tenant appealed and lost. Husband and wife owned the building together in 1999 when tenant moved into the apartment. Her child was born on April 24, 2004. On Aug. 11, 2004, husband and wife signed a post-divorce property settlement agreement.

Tenant sued landlord husband and his wife, who was a former co-owner of the building, claiming that her child was injured by lead paint in the apartment. The court dismissed the case against the wife, finding that she wasn't responsible. Tenant appealed and lost. Husband and wife owned the building together in 1999 when tenant moved into the apartment. Her child was born on April 24, 2004. On Aug. 11, 2004, husband and wife signed a post-divorce property settlement agreement. Husband retained the building, and wife remained on the deed as a tenant-in-common until 2009 when she signed a quitclaim deed. Tenant claimed that she mentioned to the wife in 2006 that she had a child, but there wasn't sufficient proof that the wife was ever put on notice. And the wife had surrendered possession and control over the building to her husband when she signed the quitclaim deed. In addition, the wife never lived in the building or had any responsibilities or control in connection with the building.

Turner v. Davis: 2013 NY Slip Op 02567, 2013 WL 1632806 (App. Div. 2 Dept.; 4/17/13; Dillon, JP, Angiolillo, Dickerson, Cohen, JJ)