Prior Landlord May Be Liable

February 1, 2003

LVT Number: 16383

Tenant sued landlord and prior landlord for negligence after both of her children were found to be injured from lead paint exposure. Prior landlord asked the court to dismiss the case against him. He sold the building to new landlord before tenant's second child was born. The court ruled for prior landlord in part, dismissing the claim concerning the younger child. Tenant appealed and won. Prior landlord still owned the building while tenant was pregnant with her second child, and tenant claimed that the injury to the child started before she was even born.

Tenant sued landlord and prior landlord for negligence after both of her children were found to be injured from lead paint exposure. Prior landlord asked the court to dismiss the case against him. He sold the building to new landlord before tenant's second child was born. The court ruled for prior landlord in part, dismissing the claim concerning the younger child. Tenant appealed and won. Prior landlord still owned the building while tenant was pregnant with her second child, and tenant claimed that the injury to the child started before she was even born. So there were questions of fact, and the case against prior landlord should not have been dismissed.

Munoz v. Puretz: NYLJ, 1/13/03, p. 19, col. 4 (App. Div.1 Dept.; Mazzarelli, JP, Andrias, Buckley, Marlow, JJ)

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