Tenant Never Gave Landlord Notice of Lead-Paint Condition Claim

LVT Number: #30718

Tenant sued landlord, claiming that landlord was responsible for tenant's exposure to lead-based paint between 1992 and 1994. Landlord had co-owned the building with his father when tenant lived there. The court denied landlord's request to dismiss the case without trial. Landlord appealed and won. To prove that a landlord was responsible for a lead-paint condition, a plaintiff must demonstrate that the landlord had actual or constructive notice of, and a reasonable opportunity to remedy, the hazardous condition in question and failed to do so.

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McDowell v. Maldovan: Index No. 136 CA 19-00399, 2020 NY Slip Op 01837 (App. Div. 4 Dept.; 3/13/20; Centra, JP, Carni, Lindley, Nemoyer, Bannister, JJ)