No Notice to Landlord of Hazardous Lead Condition

November 1, 2000

LVT Number: 14547

The parents of a child who visited tenant in her apartment sued landlord based on their claim that the child got lead poisoning from the paint in tenant's apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord had no notice of a lead paint hazard in tenant's apartment before he got notice of the child's injuries. Even if landlord knew there was chipped paint in the old building, this wasn't the same thing.

The parents of a child who visited tenant in her apartment sued landlord based on their claim that the child got lead poisoning from the paint in tenant's apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord had no notice of a lead paint hazard in tenant's apartment before he got notice of the child's injuries. Even if landlord knew there was chipped paint in the old building, this wasn't the same thing.

Gonzales v. Nemetz: NYLJ, 10/30/00, p. 27, col. 6 (App. Div.2 Dept.; Friedmann, JP, Krausman, Luciano, Schmidt, JJ)

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